Denial of Unsigned ETA 9089

BALCA affirmed the CO’s denial and rejected the employer’s argument that he was forced to submit the application without the alien’s signature because the alien currently works in a rural region of Kosovo with limited mail service. (Matter of Café Italiano, 1/27/11)

Set Standard for Employee Referral Programs

For Employee Referral Programs, an employer must document 1) the program offers incentives to employees for referral; 2) the program was in effect during the recruitment period; and 3) the employees were on notice of the job opening. (Matter of Sanmina-Sci, 1/19/11)

Proposed rule that would Re-engineer the H-2B Labor Certification Process

DOL notice of a forthcoming proposed rule that would re-engineer the H-2B labor certification process to enhance transparency and strengthen program integrity and worker protections. The public may comment on the proposed rule when it is published in the Federal Register.

BALCA rejected the argument that the NOF was sufficient

The “offered wage” is the wage offered to the alien at the time the ETA 9089 is filed. BALCA rejected the argument that the Notice of Filing (NOF) was sufficient where the employer raised the wage after posting to a rate above the NOF range. (Matter of O’Brien & Van Stiphout, 1/3/11)

Rule Revising the H-2 B Labor Certification

The Department of Labor (DOL) notice of a forthcoming proposed rule that would re-engineer the H-2B labor certification process to enhance transparency and strengthen program integrity and worker protections. The public may comment on the proposed rule when it is published in the Federal Register.

BALCA remanded approval of the employer’s labor certification

Following a request from the Department of Labor Office of the Solicitor, BALCA remanded the case to the Certifying Officer for approval of the employer’s labor certification. Matter of Syracuse University, 2010-PER-00772 (9-8-10).

Board of Alien Labor Certification Appeals (BALCA) reversed the CO’s denial

Board of Alien Labor Certification Appeals (BALCA) reversed the CO’s denial, finding that the employer’s audit response clearly contained a screenshot of the State Workforce Authority (SWA) job posting, which the CO apparently misconstrued as documentation of the employer’s website.

Use of the word “ongoing” in timing requirements for recruitment

Use of the word “ongoing” in response to questions I-15 and I-19 instead of a specific date did not violate the timing requirements for recruitment using a website posting and employee referral program under 20 CFR §656.17(e)(1)(ii). (Matter of Cinetic Dyag, 10/27/10)

DOL list of employers, attorneys, and/or agents debarred from the Permanent Labor Certification Program

DOL list of employers, attorneys, and/or agents debarred from the Permanent Labor Certification Program.

Employer’s “request for review” to BALCA

The CO erred in forwarding the employer’s “request for review” to Board of Alien Labor Certification Appeals (BALCA), rather than treating it as a request for reconsideration, thereby precluding a legal argument that arose only after the denial letter was issued. (Matter of CVS RX Services, 11/16/10).

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