Matter of Smartzip Analytics, Nov. 9, 2016 - "We recognize that the issue in this case differs from the issue in Apple; however, much of the panel‟s reasoning applies to the facts in this case. Here, the CO found that because the Employer did not indicate...
DOL, Nov. 1, 2016 - "The Atlanta National Processing Center (ANPC) will begin issuing PERM notification letters via e-mail beginning December 1, 2016. Electronic notification e-mails will ensure PERM stakeholders receive ETA Form 9089 application determination...
DOL, Oct. 7, 2016 - " The Department of Labor has published a Frequently Asked Question (FAQ) Round 13 related to preparing the required recruitment report for employers seeking labor certification under the PERM Program along with two "best practice"...
Anand G. Sinha, Aug. 29, 2016 - " In a recent decision, Matter of Cisco Systems, Inc. 2012-PER-01179 (June 9, 2016), the Board of Alien Labor Certification Appeals (BALCA) reaffirmed its hardline stance that modifications cannot be made to filed labor certification...
Matter of Institute for Environmental Health, Aug. 12, 2016 - "The Employer argues that the preamble to the PERM regulations permits an employer to state a wage range on the NOF. We agree. ... We find that the Employer’s NOF sufficiently apprised U.S. workers...
DOL, July 29, 2016 - "The Office of Foreign Labor Certification has posted updated PERM Program disclosure data files for Quarter 4 of FY 2015. Click here to access the disclosure files and corresponding record layouts."
AILA letter to DOL, June 13, 2016 - "The American Immigration Lawyers Association (AILA) submits the following comments in response to the Department of Labor’s “Proposed changes to occupation, industry, and area detail in the OES survey,” published on the...
Matter of Infosys, Ltd. - "This case presents essentially two questions. 1) Did the CO correctly determine that the possibility that workers might be required to relocate was not subsumed in the Employer‘s description of the work locations as ―various unanticipated...
Matter of VLS IT Consulting, Inc., Apr. 26, 2016 - "In this case, the Employer’s website advertisement failed to specify the job’s location. When reviewing a similar advertisement, a previous panel determined that, “[a]lthough a statement of the location of...
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 and is therefore...
Pioneers Memorial Healthcare, Dec. 23, 2015 - "In August 2015, the Employer filed two motions requesting that the Board reopen and remand the appeal. The Employer explained that after its appeal was withdrawn the Department of Labor changed its position on...
Matter of DNP America, BALCA, Oct. 6, 2015 - "Employer correctly answered the question in Section H6 because it was not requiring experience in the job offered. Instead, Employer accurately listed the primary experiential requirement in Section H10, H10-A...
DOL ETA OFLC Sept. 14, 2015 - Submission of some PERM Applications "On Tuesday, September 1, 2015, the Department implemented software updates to the Permanent Labor Certification Case Management System (CMS). An unexpected programming glitch occurred...
"On February 4, 2010, the Employer filed an Application for Permanent Employment Certification (ETA Form 9089) for a Program Office Senior Manager position. ... In the instant case, the CO denied certification based on the Employer’s inclusion of the language...
"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...