27 Jul 2024

Are You a PERM Expert?

If so, you need Rod Wada's articles on Shaping The Future of PERM: BALCA Highlights.  Ron writes:

"This series of articles summarizes notable decisions of the Board of Alien Labor Certification Appeals (BALCA) issued during the first two quarters of 2024. The volume of BALCA decisions issued continues to be drastically reduced from prior years, apparently in part due to a drastic reduction in the number of appeals being filed with BALCA,1 though this
explanation does not adequately explain why the cases now being decided have been sitting in the BALCA queue for three years or more. The reported decline in the number of appeals being filed seems to have an obvious cause, namely, that when the queue stretches to 3, 4 and even 5 years, only the most drastic circumstances will justify the investment in an appeal that will languish for years. This installment of Shaping the Future of PERM presents highlights of BALCA decisions issued during the first and second quarters of calendar year 2024. The decisions reported in this article will also be reported in context in regularly scheduled updates to Chapter 44, Labor Certification, in the treatise Immigration Law and Procedure.2

1 See “BALCA Briefings by Harry Sheinfeld,” AILA Doc. No. 18110602 (Oct. 5, 2022)(“Board filings continue to fall—from 174 in 2020, to 122 in 2021, to 106 in the first 11 months of 2022.”). It seems likely that the colossal backlog in pending BALCA appeals (up to 4 years) that had built up was a major factor in discouraging employers from filing appeals.

2 Charles Gordon, Stanley Mailman, Stephen Yale-Loehr & Ronald Y. Wada, Immigration Law and Procedure. Immigration Law and Procedure is a twenty-one-volume ‘‘bible’’ of immigration law that has been cited in over 400 federal court decisions from across the district courts, through the courts of appeals, and including the Supreme Court."

You will find Ron's articles ONLY in Bender's Immigration Bulletin!  It's free if you subscribe to the Treatise, or call (866) 941-6780 to subscribe as a stand-alone.