Immigration Law

Recent Posts

BALCA H-2B Remand: MB Florida LTD LLC
Posted on 9 Nov 2021 by Daniel M. Kowalski

BALCA, Nov. 4, 2021 "While Employer correctly asserted that the CO improperly applied the Single Employer Test in considering Employer’s labor certification application, the question under administrative review is not just whether the CO... Read More

Tags: balca , H-2B

BALCA Provides Further Guidance on Resume Review in Labor Certification Recruitment
Posted on 8 Nov 2021 by Daniel M. Kowalski

Cyrus D. Mehta & Jessica Paszko*, Nov. 6, 2021 "Under the Immigration and Nationality Act (“INA”), U.S. employers wishing to sponsor a foreign worker for employment and permanent residence must first prove to the Department of Labor... Read More

Another Power Grab by DOL: "Discretionary Review" of H-2B BALCA Cases
Posted on 31 Dec 2020 by Daniel M. Kowalski

Hedging bets, simultaneous publication of a " direct final rule " and a proposed rule on Jan. 4, 2021: "The Department of Homeland Security and the Department of Labor (DOL) are jointly issuing this direct final rule to extend DOL’s... Read More

Tags: balca , DOL , DHS , H-2B

DOL Rolls Out E-Filing for BALCA Cases
Posted on 11 Nov 2020 by Daniel M. Kowalski

DOL "Notice Regarding New System for Electronic Filing EFILE.DOL.GOV The United States Department of Labor is launching a new eFile/eServe System (“EFS”) on Monday, December 7, 2020. EFS is the Department’s next generation... Read More

Tags: balca

Advance Copy of DOLETA Final Rule
Posted on 19 May 2020 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 05/20/2020 "The Department of Labor is issuing this final rule to establish a system of discretionary secretarial review over cases pending before or decided by the Board of... Read More

Tags: balca

BALCA on 'Mailbox Rule' - Matter of Lenora Systems
Posted on 16 Apr 2020 by Daniel M. Kowalski

Matter of Lenora Systems "These cases involve application of the “Mailbox Rule” and just when an email is deemed to have been received. ... In denying the Applications based on the Employer’s failure to respond to the audit notification... Read More

DOL Regulatory News (Guidance, BALCA, ARB)
Posted on 9 Mar 2020 by Daniel M. Kowalski

On Thursday, Mar. 5, 2020 DOL published this " Notice of Availability " in the Federal Register collecting "Guidance Documents." On Friday, Mar. 6, 2020 DOL published a " Direct Final Rule " and a Proposed Rule , both relating... Read More

Tags: balca , DOL

Recent BALCA Cases Highlight the Importance of Choosing the Right Sunday Newspaper
Posted on 15 Aug 2019 by Daniel M. Kowalski

Cora-Ann Pestaina, Aug. 7, 2019 "In June 2019, the Board of Alien Labor Certifications Appeals (BALCA) issued at least ten decisions that addressed the employers’ choice of Sunday newspaper in the PERM labor certification recruitment process... Read More

Editor's Corner: Can OFLC Overrule BALCA by FAQ? (On the Meaning of H-2B 'Worksite')
Posted on 5 Oct 2016 by Daniel M. Kowalski

Daniel M. Kowalski, Oct. 5, 2016 - "On April 15, 2016, BALCA held that for H-2B visa truckers, "[t]here is only one opening for full-time employment and it is where the trucking terminal is located. There is no “job opportunity”... Read More

Tags: balca , worksite , kowalski , faq , H-2B

BALCA on ACWIA, H-1B Prevailing Wage, Higher Education: Matter of University of Michgan
Posted on 30 Nov 2015 by Daniel M. Kowalski

BALCA, Matter of University of Michigan, Nov. 18, 2015 - "The Employer filed an Application for Prevailing Wage Determination (ETA Form 9141) in connection with its efforts to hire an H-1B worker. (AF 27-31). The Employer noted on the Form 9141 that... Read More

BALCA and HealthAmerica
Posted on 11 Jun 2013 by Daniel M. Kowalski

"In Matter of Sushi Shogun, 2011-PER-02677 (May 28, 2013), BALCA said, “HealthAmerica has effectively been overruled by the promulgation of 20 C.F.R §656.11(b).” Practitioners who file numerous PERM applications can empathize with... Read More

BALCA EN BANC ON WHETHER THE ADDITIONAL RECRUITMENT STEPS FOR PROFESSIONAL OCCUPATIONS MUST COMPLY WITH 656.17(f)
Posted on 13 Aug 2014 by Daniel M. Kowalski

"For PERM practitioners, what is the practical take away lesson from Symantec? Does the fact that 656.17(f) does not apply to the additional forms of recruitment mean that these additional forms of recruitment can indeed contain job requirements... Read More

Five Years Later, A PERM Victory at BALCA: Matter of Marlabs, Inc.
Posted on 22 Nov 2017 by Daniel M. Kowalski

Matter of Marlabs, Inc., Nov. 9, 2017 - "On May 17, 2012, Employer filed an Application for Permanent Employment Certification (“Form 9089”) sponsoring the Alien for permanent employment in the United States in Piscataway, New Jersey... Read More

Cora-Ann V. Pestaina: BALCA SAYS THERE IS NO NEED TO LIST EVERY BENEFIT OF EMPLOYMENT IN JOB ADVERTISEMENTS
Posted on 15 Oct 2011 by Daniel M. Kowalski

"To practitioners who file numerous PERM applications, the Department of Labor’s (DOL) philosophy of solely protecting the U.S. labor market without regard to employers’ efforts, its constantly shifting goal posts, and its frightful... Read More

News Excerpts From The Jan. 1, 2014, Bender's Immigration Bulletin
Posted on 19 Dec 2013 by LexisNexis Legal Newsroom Staff

EOIR Issues New Guidance Following Settlement of Asylum Clock Suit | On December 2, 2013, the Office of the Chief Immigration Judge issued two memoranda concerning implementation of the employment authorization “clock” for asylum applicants... Read More