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 (“DOL”) that there...
"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 or duties...
"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 my initial panicked gasp...
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 applied the wrong...
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 recently established...
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, shared system for electronic...
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 Alien Labor...
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 letters, the CO invokes...
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 to...
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. So maybe they...
Matter of Lee Johnson Capital Mgmt., LLC, Dec. 21, 2016 - "We find that the Employer‟s duties for the position of Senior Quantitative Analyst are most similar to the tasks provided in SOC code 13-2099.01, Financial Quantitative Analysts. The supervisory duties...
Cora-Ann Pestaina, Dec. 14, 2016 - "While we have no idea what the labor certification process will look like under the Trump administration, it still behooves all PERM practitioners to keep up with the Board of Alien Labor Certification Appeals (BALCA) decisions...
Matter of Tek Services, LLC, Nov. 17, 2016 - "The CO denied the application because the Employer’s website advertising and job order did not specify a particular salary but rather indicated that the Employer was offering a “competitive salary.” ... The appeal...
Matter of Smartzip Analytics, Nov. 9, 2016 - "We recognize that the issue in this case differs from the issue in Apple; however, much of the panel‟s reasoning applies to the facts in this case. Here, the CO found that because the Employer did not indicate...
Matter of Tyrrell Limited, Oct. 21, 2016 - "While a familial relationship between an alien and an employer creates a presumption that a job is not clearly open to U.S. workers, the presumption is not so stringent as to be insurmountable. Even though the mother...