Cora-Ann V. Pestaina, Oct. 18, 2016 - "Recently, in the representative case, Matter of Cognizant Technology Solutions US Corp , 2013-PER-01488 (BALCA, September 29, 2016), the Board of Alien Labor Certifications Appeals (BALCA) reversed 382 PERM denials finding...
Matter of Cognizant Technology, Sept. 29-30, 2016 - "For the reasons stated below, we find that: (1) the Employer‟s COLA is a wage adjustment and not merely a per diem payment; (2) because the wage is not required to be stated in newspaper advertisements and...
Matter of Institute for Environmental Health, Aug. 12, 2016 - "The Employer argues that the preamble to the PERM regulations permits an employer to state a wage range on the NOF. We agree. ... We find that the Employer’s NOF sufficiently apprised U.S. workers...
Matter of Infosys, Ltd. - "This case presents essentially two questions. 1) Did the CO correctly determine that the possibility that workers might be required to relocate was not subsumed in the Employer‘s description of the work locations as ―various unanticipated...
Matter of VLS IT Consulting, Inc., Apr. 26, 2016 - "In this case, the Employer’s website advertisement failed to specify the job’s location. When reviewing a similar advertisement, a previous panel determined that, “[a]lthough a statement of the location of...
Cora-Ann V. Pestaina, Feb. 22, 2016 - "[A]n employer’s use of terms like “Competitive,” “Depends on Experience” (DOE), “Negotiable,” “Will Discuss With Applicant,” etc. does not take away from the employer’s advertisement of the occupation and is therefore...
Pioneers Memorial Healthcare, Dec. 23, 2015 - "In August 2015, the Employer filed two motions requesting that the Board reopen and remand the appeal. The Employer explained that after its appeal was withdrawn the Department of Labor changed its position on...
1. LA HACIENDA MEAT MARKET, INC., Nov. 4, 2015 2. FIRST TEK TECHNOLOGIES, INC., Nov. 4, 2015 3. WALDORF SCHOOL OF ORANGE COUNTY, Nov. 6, 2015 4. NORTH COAST CARDIOLOGY INC., Nov. 16, 2015
Matter of DNP America, BALCA, Oct. 6, 2015 - "Employer correctly answered the question in Section H6 because it was not requiring experience in the job offered. Instead, Employer accurately listed the primary experiential requirement in Section H10, H10-A...
"On July 16, 2008, the Certifying Officer (“CO”) accepted for processing the Employer’s Form 9089 Application for Permanent Labor Certification on behalf of Mohammad-Amjad Khan Lodhi for the position of “Cook.” (AF 170-179). The position was located in Chicago...
"On August 21, 2014, the Center Director affirmed the initial prevailing wage determination based on the OES level II wage for the Speech Language Pathologist position (now $73,715). AF 131–133. The Center Director rejected the Employer’s argument that the...
"The Certifying Officer (“CO”) denied certification on the ground that the Employer had not shown in Section K of the Form 9089 that the Alien possessed the experience with linear algebra or computer architecture. ... ... By submission received by the...
"We find that the Employer complied with the supervised recruitment instructions. It placed both print and online advertisements with the exact approved language in The Beaumont Enterprise. The actual text of the advertisement as run online was correct in...
"I’m sure all PERM practitioners would agree that it’s always good (in fact necessary!) to check in with the Board of Alien Labor Certification Appeals (BALCA). One never knows what issues BALCA will comment on next and as we navigate those often treacherous...
"The Employer noted that its documentation of the website posting had been annotated with the handwritten notation attesting to continuous posting of the advertisement. Moreover, the Employer’s president was now stating “under the penalty of perjury” that...