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Two Recent BALCA Decisions Reverse CO’s Denials

By Shaoul Aslan‡ on July 16, 2015
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In two recent rulings, the Board of Alien Labor Certification Appeals (“BALCA”) reversed denials of permanent labor certifications issued by Certifying Officers (“CO”). 

In the first case, BALCA applied Matter of Symantec to hold that including travel and home option requirements (employer had included ( “[w]illingness to travel; may require work from home”) on the employers website and a job search site, but not on Form ETA 9089, was not a basis to deny the certification.  Under the Matter of Symantec decision, the  inclusion of these requirements were permissible since the two recruitment sources were non-mandatory. 

In the second reversal, BALCA held that the submission by the employer of additional information (a letter establishing the lawful basis for the rejection of US applicants) in its request for a reconsideration of denial of the certification, became part of the record on appeal since the CO chose to consider it as part of the evidence.  Had the CO not chosen to consider the letter, the additional information would have been excluded from the record under 20 C.F.R. §656.24(g)(2).

 

Photo of Shaoul Aslan‡ Shaoul Aslan‡

Shaoul Aslan focuses his practice on a wide range of immigration and nationality matters, representing both corporate clients and individuals before the U.S. Citizenship and Immigration Services (formerly Immigration and Naturalization Service), the U.S. Department of State and the U.S. Department of Labor.

Shaoul Aslan focuses his practice on a wide range of immigration and nationality matters, representing both corporate clients and individuals before the U.S. Citizenship and Immigration Services (formerly Immigration and Naturalization Service), the U.S. Department of State and the U.S. Department of Labor. Shaoul counsels on immigration matters pertaining to international transfer of personnel and other immigration-related issues. He develops an appropriate strategy to obtain the necessary nonimmigrant visa classification to permit employment authorization for the transferred employees and their dependents, obtaining the required approvals from the Citizenship and Immigration Services, and the issuance of the visa to the employee and his or her dependents. The counseling may also involve obtaining permanent resident status for the employee and his and her dependents.

‡ Admitted in the District of Columbia. Not admitted in Virginia. Practice limited to federal immigration practice.

Read more about Shaoul Aslan‡Email
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  • Posted in:
    Employment & Labor
  • Blog:
    Inside Business Immigration
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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