Immigration Visa Attorney Blog

The Board of Alien Labor Certification has taken a step to clarify the meaning of "business day" in the Department of Labor's Permanent Employment Certification (PERM) process. An administrative judge ruled earlier this month that for the purposes of PERM filings the business day is not limited to weekday and non-holidays.

In late 2007 a restaurant filed a PERM application for "Chefs and Head Cooks" which was initially denied by the Certifying Officer on an unrelated issue. On reconsideration early this year the CO denied on the grounds the restaurant's "Notice of Filing (NOF) was posted for fewer than consecutive 10 business days."

Continue reading "BALCA Clarifies Definition of "Business Day" for PERM Process" »

This month the Board of Alien Labor Certification Appeals ruled that all employer advertisements for a position must conform to the Department of
Labor's requirements in order for it to qualify for Permanent Labor
Certification (PERM).

On Oct. 19 BALCA upheld the denial of a 2007 Employer's Application for
Permanent Employment Certification filed by Credit Suisse Securities. An
administrative judge ruled Credit Suisse's month-long web advertisement for
a IT position "did not direct applicants to send resumes to the employer or
provide a description of the vacancy."

Continue reading "BALCA: Employer Compliance Required In All Advertisements " »