LexisNexis® Legal Newsroom
BALCA on the Home Office Option

" In Siemens Water Technologies Corp. , 2011-PER-00955 (July 23, 2013), the employer filed a PERM application for the position of Field Service Engineer. In all its recruitment the employer listed Houston, Texas as the location for the job opportunity and conducted recruitment from that location...

BALCA EN BANC ON WHETHER THE ADDITIONAL RECRUITMENT STEPS FOR PROFESSIONAL OCCUPATIONS MUST COMPLY WITH 656.17(f)

"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 which exceed the job requirements or duties...

BALCA Says Economic Benefits Should Be Listed in PERM Recruitment - Cora-Ann V. Pestaina

"PERM is an exacting process. We’ve read those words over and over in various Board of Alien Labor Certification Appeals (BALCA) decisions. The Department of Labor (DOL) Certifying Officers (CO) and BALCA continually use those words to justify the most heartless denials; callously brushing...

BALCA, What Have You Been Up To So Far in 2015? - Cora-Ann V. Pestaina

"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 PERM waters, we need all...

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 Holds That Failure To Disclose A ‘Wage Adjustment’ Is Not A Valid Denial Ground - Cora-Ann V. Pestaina

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, most significantly, that the employer’s...

BALCA Update: Recent Notable Cases - Cora-Ann Pestaina

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 as they continue to directly affect...