The American Immigration Lawyer's Association has reported that the Board of Alien Labor Certification Appeals (BALCA) has vacated a PERM denial where an employer inadvertantly failed to include a notice of filing.
BALCA found that "in the interest of fairness" denial should be vacated and application returned to the CO, as "the preponderance of the evidence is that the audit response's failure to include the Notice of Filing was inadvertent . . ." In the Matter of Luigi's Restaurant, 2009-PER-00357(8/31/09). AILA Doc. No. 09102226.
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