Tuesday, October 20, 2009

AILA Updates: Recent BALCA Decisions

The American Immigration Lawyers Association (AILA) has just provided the following summaries of decisions from the Board of Alien Labor Certification Appeals (BALCA).

-BALCA affirms denial based on the fact that the employer, a domestic household, lacked a valid FEIN on the date of filing the labor certification. Matter of Edward J. Tierny, 2009-PER-00314 (7/13/09). AILA Doc. No. 09102061.

-BALCA vacates the denial based on the fact that the request for PERM conversion and to maintain the original priority date of 4/26/01 was submitted prior to the receipt of the Recruitment Notice. Matter of Far East Home Care, Inc., 2009-PER-00170 (7/13/09). AILA Doc. No. 09102062.

-BALCA affirms the PERM denial based on the fact that the application was filed 187 days after the job order was placed, and consequently, the job order was conducted outside the 180 day requirement. Matter of Spires Restaurant, 2009-PER-00125 (8/25/09). AILA Doc. No. 09102063.

-BALCA affirms the PERM denial based on the employer's failure to state the experience requirement on the Prevailing Wage Determination request to the State Workforce Agency. Matter of Florida Restaurant Group, LLC, 2009-PER-00014 (8/25/09). AILA Doc. No. 09102064.

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