DOL Office of Foreign Labor Certification (OFLC)
According to AILA, the DOL Office of Foreign Labor Certification (OFLC) has confirmed that during the government shutdown, it is neither accepting nor processing any applications or related materials it receives, including Labor Condition Applications (LCAs). In the past, USCIS has accepted H-1B filings for a temporary period with uncertified LCAs along with proof that […]
BALCA Reinforces the Good Faith Recruitment Requirement
In Matter of W. Alex Choi, CPA, 9/26/13, BALCA upheld a denial noting that records of interview invitations sent via certified mail revealed that the letters did not reach the applicants. BALCA found the employer failed to make additional attempts to contact the applicants. These elements, together, established that the employer lacked good faith in […]
BALCA Upholds Denial Where Attorney Failed to Sign ETA 9089 in Audit Response
In the Matter of TLH Construction, 8/19/10, BALCA affirmed a denial where the attorney did not sign the ETA 9089 that was submitted with the audit response. BALCA noted that the instructions provided clear notice to the employer that the 9089 must be signed the attorney or representative agent. In light of the recent increase […]
Don’t forget to list addresses in the Recruitment Report!
A very popular common law legal concept and strategy is the act of incorporation by reference. Through this act one document or clause is incorporated into another document or clause by simply mentioning the other document. For example, a Master Services Agreement may state “Section 9 of the Statement of Work applies to the schedule […]
UPDATES: BALCA’s Recent PERM Advertisement Findings
The following three matters establish one clear principle when filing PERMs and advertising: Maintain Consistency! Too many employers are inconsistent when filing ETA 9089. Central question seems to be whether qualified applicants would apply for the position had they been specifically apprised of the job opportunity (otherwise stated, would individuals still apply if they read […]