NEWS

In Matter of Marlabs, Inc. 2013-PER-01125 (Nov. 9, 2017), BALCA reversed the Department of Labor’s (DOL) denial of a PERM labor certification application (ETA 9089). The employer filed an Application for Permanent Employment Certification (“Form 9089”) sponsoring the alien for permanent employment for the position of “Software Developers, Applications,” and required a master’s degree and READ MORE

The US Department of Labor’s (DOL) Employment and Training Administration (ETA)/Office of Foreign Labor Certification (OFLC) issued selected statistics for its Permanent Labor Certification Program for fiscal year (FY) 2017. The PERM labor certification application is the first stage in most employment-based applications for legal permanent residency and requires the employer to obtain a prevailing READ MORE

The most prevalent avenue for a foreign national to obtain legal permanent residency in the US through employment involves the PERM labor certification process. There are two or three stages to obtaining legal permanent residency through this PERM labor certification process: (1) the PERM labor certification application (2) the immigrant visa petition; and (3) the READ MORE

The Department of Labor’s Board of Alien Labor Certification Appeals (BALCA) recently published three cases on the minimum requirements, recruitment and disqualification of US workers associated with PERM labor certification applications. The PERM process is designed to protect US workers by requiring employers that sponsor foreign nationals to first conduct a test of the US READ MORE

In Matter of Arbin Corporation (06/29/2017), BALCA affirmed a denial of a PERM labor certification application where the newspaper ads did not contain any language advising clients of travel. The job description included the phrase “delivery of products,” which to BALCA indicated travel. The PERM sponsor must always note any travel requirement in the PERM READ MORE

In Sunnyvale School District, 2014-PER-00620, June 22, 2017, BALCA overturned the denial of a PERM labor certification application, finding that the US applicant may be disqualified on the face of the resume. In Sunnyvale, the employer filed a PERM application for a special education teacher. The employer required a valid California teaching license t provide READ MORE

An H-1B worker from China called to inform me that USCIS has denied his company’s Form I-140 immigrant visa petition to downgrade from his approved Form I-140 petition and also revoked the company’s first I-140 EB-2 petition on his behalf. USCIS claimed that he did not have the requisite education, among other things. His current READ MORE