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BALCA Grants Labor Cert...Five Years Later - Matter of Computer Sciences Corp.

"On February 4, 2010, the Employer filed an Application for Permanent Employment Certification (ETA Form 9089) for a Program Office Senior Manager position. ... In the instant case, the CO denied certification based on the Employer’s inclusion of the language, “Willingness to travel;...

DOL 'Programming Glitch' Triggers PERM SNAFU

DOL ETA OFLC Sept. 14, 2015 - Submission of some PERM Applications "On Tuesday, September 1, 2015, the Department implemented software updates to the Permanent Labor Certification Case Management System (CMS). An unexpected programming glitch occurred which impacted a small number of applications...

BALCA on PERM Formatting Deficiencies: Matter of DNP America

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, and H10-B as two years in a similar accounting...

BALCA on PERM Sec. K Remands - Pioneers Memorial Healthcare

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 The Employer explained that after its appeal was withdrawn the Department of Labor changed its position on cases involving Section K and non-experience...

BALCA Reverses Labor Cert. Denials By Upholding Real World Job Advertisements - Cora-Ann V. Pestaina

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...

BALCA on PERM Web Ads: Matter of VLS IT Consulting

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 the employment might...

BALCA on PERM, Travel, Relocation: Matter of Infosys, Ltd. (May 12, 2016)

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 locations through the U...

AILA Has 'Serious Concerns' About DOL Proposed Changes to OES Survey

AILA letter to DOL, June 13, 2016 - "The American Immigration Lawyers Association (AILA) submits the following comments in response to the Department of Labor’s “Proposed changes to occupation, industry, and area detail in the OES survey,” published on the Bureau of Labor Statistics...

FY 2015 Q4 PERM Disclosure Data Files Posted - July 29, 2016

DOL, July 29, 2016 - "The Office of Foreign Labor Certification has posted updated PERM Program disclosure data files for Quarter 4 of FY 2015. Click here to access the disclosure files and corresponding record layouts."

BALCA Reaffirms Use of Wage Range: Matter of Institute for Environmental Health

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 of the available job opportunity...

How Rigid is PERM? Or, Can Typos be Fixed? - Anand G. Sinha

Anand G. Sinha, Aug. 29, 2016 - " In a recent decision, Matter of Cisco Systems, Inc. 2012-PER-01179 (June 9, 2016), the Board of Alien Labor Certification Appeals (BALCA) reaffirmed its hardline stance that modifications cannot be made to filed labor certification applications under Program Electronic...

OFLC Posts PERM FAQ Round 13 (Oct. 7, 2016)

DOL, Oct. 7, 2016 - " The Department of Labor has published a Frequently Asked Question (FAQ) Round 13 related to preparing the required recruitment report for employers seeking labor certification under the PERM Program along with two "best practice" sample recruitment reports. The Round...

Electronic Notification of PERM Letters

DOL, Nov. 1, 2016 - "The Atlanta National Processing Center (ANPC) will begin issuing PERM notification letters via e-mail beginning December 1, 2016. Electronic notification e-mails will ensure PERM stakeholders receive ETA Form 9089 application determination notifications in a timely, cost effective...

BALCA on PERM, Special Skills - Matter of Smartzip Analytics

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 a duration requirement for the special skills...

BALCA on PWD, PERM: Matter of Lee Johnson Capital Mgmt., LLC

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 associated with the role are far narrower...

DOL Posts PERM Actual Minimum Requirements FAQ (Mar. 6, 2017)

DOL, Mar. 6, 2017 - "The new guidance will be applicable to all applications filed on or after March 20, 2017."

OFLC Temporarily Pulls PERM FAQ Round 14 (Mar. 10, 2017)

OFLC, Mar. 10, 2017 - "In light of stakeholder input, which the Office of Foreign Labor Certification (OFLC) is considering, OFLC has temporarily removed from its website PERM FAQ Round 14 regarding Actual Minimum Requirements, originally published on March 6, 2017. OFLC will clarify and republish...

OFLC to Roll Out PERM Case Management System on Apr. 15, 2017

OFLC, Mar. 31, 2017 - ETA Announces PERM Case Management System Enhancement to Streamline PERM Processes for Employers: Electronic Submission of Supporting Documentation "ETA has implemented a new enhancement to the PERM Case Management System (CMS) related to the submission of applications for...

7 Points To Remember Regarding Resume Review In The PERM Process - Cora-Ann Pestaina

Cora-Ann Pestaina, Apr. 24, 2017 - "The employer’s review of resumes received from applicants continues to be one of the trickiest issues in the PERM labor certification process. The process might seem straightforward enough because, after all, employers filing PERM applications are likely...

BALCA on PERM, Free Text Boxes, Alternate Requirements: Matter of Texas Instruments

Matter of Texas Instruments, May 9, 2017 - The CO stated, "... the employer could have included the alternative requirements in the free text "Job Description" field in which it listed the job duties." BALCA replied: "[W]e reverse and grant certification on the basis that...

Slides from Aug. 16, 2017 PERM Webinar Now Online

OFLC - "The PERM Webinar presentation, hosted on August 16, 2017, is posted under the PERM Webinars link on the Office of Foreign Labor Certification's Permanent Labor Certification Program web page. To access this page, please click here .

How Binding Are DOL FAQs? - Cora-Ann Pestaina

Cora-Ann Pestaina, Aug. 22, 2017 - "As PERM practitioners, we are all familiar with Department of Labor’s (DOL) Frequently Asked Questions (FAQs). Going as far back as 2005, the year of the inception of the PERM program, there have been various rounds of DOL FAQs on a wide range of topics...

BALCA on Advertising: Matter of Gallup McKinley County Schools

Matter of Gallup McKinley County Schools, Oct. 3, 2017 - "The Employer has established that the Navajo Times is an appropriate paper for the job opportunity. The teaching position will entail working primarily with Navajo Indian children and the Navajo Times focuses its coverage on the Navajo Indian...

Five Years Later, A PERM Victory at BALCA: Matter of Marlabs, Inc.

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, for the position of “Software Developers, Applications...

BALCA News: Appointment of DOL ALJs to BALCA

DOL, Nov. 29, 2017 - "Appointment of Administrative Law Judges to Review PERM Appeals; Limited En Banc Review and Appointment of Administrative Law Judges to Conduct Administrative Review or De Novo Hearings in Cases Adjudicated by a Single Judge"