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Board of Alien Labor Certification Appeals (BALCA)

2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 - 2003 | 2002 | 2001 - 2000 | 1999 | 1998 - 1996 | 1995 - 1993

  • BALCA on Presumption of Delivery of DOL Mail(222 KB - 5/29/2013)
    BALCA held that the CO is not entitled to a presumption of delivery of mail sent by it absent proof of its mailing procedures and that even if there was a presumption, statements denying receipt and other circumstantial evidence effectively rebutted it. (Matter of VB Hospitality, 5/28/13)
    AILA Doc. No. 13052951.
  • BALCA Says 20 CFR 656.11(b) Effectively Overruled HealthAmerica(188 KB - 5/29/2013)
    BALCA affirmed the denial where there was a 10 cent difference between the wage on the ETA 9089 and the PWD and the NOF, noting that 20 CFR 656.11(b) effectively overruled HealthAmerica by requiring applications filed after 7/16/07 to be error-free. (Matter of Sushi Shogun, 5/28/13)
    AILA Doc. No. 13052950.
  • BALCA on Documenting Recruitment from the Employer’s Website(189 KB - 4/30/2013)
    BALCA found that where an employer attestation in the recruitment report is submitted as evidence of recruitment on the employer’s website in lieu of dated screenshots, the attestation must be in affidavit form. (Matter of DGN Technologies, 4/29/13) AILA Doc. No. 13043046.
    AILA Doc. No. 13043046.
  • BALCA Says Laid-Off U.S. Worker was Rejected for a Lawful, Job-Related Reason(221 KB - 4/30/2013)
    BALCA found that the U.S. worker’s lack of special skills was a lawful, job-related reason for rejection, and that the employer’s failure to identify the requirements for the U.S. worker’s previous position did not warrant denial. (Matter of Cisco Systems, 4/26/13) AILA Doc. No. 13043041.
    AILA Doc. No. 13043041.
  • BALCA on Use of “May” in Job Postings for Multiple Positions(670 KB - 4/26/2013)
    In two cases involving similar facts, BALCA looked for contextual cues in the NOF to determine whether the term “may” indicated the requirement applied to only some positions. BALCA upheld the denial of one case and reversed the second. (Matters of Oracle, 4/24/13) AILA Doc. No. 13042647.
    AILA Doc. No. 13042647.
  • BALCA Remands, Says Ads Would Not Prevent U.S. Workers from Applying(189 KB - 4/22/2013)
    Noting that the job description was written in plural terms, BALCA found that the ads clearly included multiple positions, were not misleading, and did not cause confusion that would prevent potential U.S. applicants from applying. (Matter of Microsoft Corp., 4/12/13) AILA Doc. No. 13042242.
    AILA Doc. No. 13042242.
  • En Banc Panel Resolves BALCA Dispute Over Prevailing Wage Documentation(259 KB - 4/19/2013)
    BALCA found that where the CO requested the prevailing wage request and the determination in an audit, the employer’s failure to provide the request was not a substantial failure to provide required documentation under 655.20(b). (Matter of SAP America, 4/18/13) AILA Doc. No. 13041947.
    AILA Doc. No. 13041947.
  • BALCA Rejects Newspaper HQ as Determinative in Evaluating Area of Intended Employment(241 KB - 3/20/2013)
    BALCA rejected the argument that §656.17(e)(1)(i)(B)(1) requires a newspaper whose headquarters is within commuting distance of the area of employment and upheld the use of the Arkansas Democrat Gazette for a position in Bentonville. (Matter of Wal-Mart, 3/19/13) AILA Doc. No. 13032041.
    AILA Doc. No. 13032041.
  • BALCA Grants LC; Finds Employer Reported a Valid FEIN(193 KB - 2/25/2013)
    BALCA rejected the CO’s position that the address listed on Section C of the ETA 9089 must match the employer’s tax return address, finding it “hardly surprising” that a horse trainer would have more than one address. (Matter of Duane Offield Racing Stables, 2/25/13) AILA Doc. No. 13022590.
    AILA Doc. No. 13022590.
  • BALCA Says No Abuse of Discretion in Assigning Level IV Wage to Entry-Level Manager(227 KB - 2/19/2013)
    BALCA upheld the Level IV wage noting that although the 2009 guidance requires DOL to exercise judgment when issuing PWDs there was no abuse of discretion in not lowering the wage where the position required 5 years of experience. (Matter of Sherwin-Williams, 2/19/13)
    AILA Doc. No. 13021900.
  • BALCA Finds Washington Examiner Appropriate for Non-Professional Position(237 KB - 2/12/2013)
    Distinguishing professional from non-professional positions in the use of certain newspapers, BALCA found that the Washington Examiner was an appropriate publication to advertise a non-professional position. (Matter of Capitol Building Services, 2/12/13) AILA Doc. No. 13021291.
    AILA Doc. No. 13021291.
  • BALCA Vacates Supervised Recruitment Denial, Says DOL Acted Too Soon(177 KB - 2/12/2013)
    BALCA found that though the employer failed to provide a copy of the foreign worker’s resume as requested, the CO erred in denying the case 16 days after instructions were issued because 20 CFR §656.21(f) mandates 30 days. (Matter of John Chance Land Surveys, 2/12/13) AILA Doc. No. 13021290.
    AILA Doc. No. 13021290.
  • BALCA on Travel Requirements and Multi-Position Notices of Filing(247 KB - 2/7/2013)
    BALCA held that although the use of a plural in the job title indicated that the NOF was for multiple positions, it did not give any contextual cues that would signify that the travel requirement only applied to some of the positions. (Matter of Oracle, 2/6/13) AILA Doc. No. 13020746.
    AILA Doc. No. 13020746.
  • BALCA Discusses Substantially Equivalent Alternative Requirements(204 KB - 2/7/2013)
    BALCA upheld the CO’s denial, rejecting the 3-to-1 argument and finding that one year of experience (with or without a degree) equals one year for SVP purposes, and a bachelor’s degree equals two years for SVP purposes. (Matter of Telcordia Technologies, 2/6/13) AILA Doc. No. 13020745.
    AILA Doc. No. 13020745.
  • BALCA Interprets Drafting of Alternative Requirements on the ETA 9089(187 KB - 1/24/2013)
    BALCA reversed the denial, finding that the CO ignored the employer’s experience requirements stated in Item H-14 and incorrectly interpreted the alternative education requirements as alternative employment requirements. (Matter of General Electric Co., 1/22/13) AILA Doc. No. 13012442.
    AILA Doc. No. 13012442.
  • BALCA Affirms H-2B Denial for Failure to File as Joint-Employer(510 KB - 1/8/2013)
    BALCA found the employer was a “job contractor” under §655.4, noting that while the H-2Bs would be hired, paid, and fired by the employer, the record did not show that it, rather than the end-party, would supervise the work. (Matter of Int’l Plant Services, 12/21/12) AILA Doc. No. 13010854.
    AILA Doc. No. 13010854.