NEWS

Denials Suspended of PERM Cases Where H.14 Requirements Not Specified

Based on BALCA’s decision in Matter of Smartzip Analytics, the DOL’s (Department of Labor’s) Office of Labor Certification (OFLC) will suspend denials of PERM labor certifications where experience noted in Section H.14 of the Form ETA 9089 was not quantified. In Matter of Smartzip Analytics, BALCA reversed the certifying officer’s denial where the required experience READ MORE

Filing a Second PERM Labor Certification Application for the Same Employee

In Matter of Allianz Global Investors of America, BALCA upheld the Certifying Officer’s (of the Department of Labor) denial where the employer filed two PERM applications for the same employee with substantially similar job duties, referring to 20 CFR§656.24(e)(6), which states that the employer is not allowed to have more than one labor certification pending READ MORE

Advanced Degree EB-2 Status for Indian Foreign Nationals

The general rule in obtaining legal permanent residency under the EB-2 “professionals with advanced degrees” (INA §203(b)(2)) is that the foreign national beneficiary must have an advanced degree (master’s or higher) or a single-source bachelor’s degree.  For those foreign nationals from countries with immigrant visa number backlogs such as India and China, filing under the EB-2 category (as opposed to READ MORE

BALCA Upholds Denial of PERM Where Candidates Did Not Have Related Degrees

In Cardinal Health, BALCA upheld the denial of the Form ETA 9089 PERM labor certification and found that the employer did not lawfully reject qualified US workers. Matter of Cardinal Health, 2012-PER-03522 (September 13, 2016).   The CO stated that the PERM labor certification application was denied because the Employer failed to at least interview candidates READ MORE

BALCA Upholds PERM Where Alternative Requirements Were Omitted from Ads

In Cosmos Foundation, Inc., BALCA reversed the denial of the Form ETA 9089 PERM labor certification and found that the employer’s omission of the alternative experience requirements in the recruitment sufficiently apprised US workers of the open position and did not discourage potentially qualified candidates from applying. Matter of Cosmos Foundation, Inc., 2012-PER-01637 (August 4, READ MORE