BALCA Overturns Denial Where Employer Name on 9089 Did Not Match That on SWA Job Order
Thursday, 03 March 2016 10:13
BALCA overturned the denial, holding that a minor typo in the employer name on the SWA job order did little to confuse potential applicants about the employer's identity or undermine the employer's §656.10(c)(8) attestation. (Matter of SWDWII LLC, 1/29/16). Read Balca decision(pdf)
BALCA Overturns Denial, Says Advertisement of the Occupation Rather than Particular Position is Acceptable
Friday, 26 February 2016 09:45
BALCA upheld denial where the employer submitted a recruitment report signed by its agent, as opposed to itself, in direct violation of 20 C.F.R. §656.17(g)(1) which requires either the employer or its representative to sign the recruitment report. (Matter of DMPRO, Inc., 3/24/16). Read Balca decision(pdf)
BALCA Orders Grant of Certification Because SWA Job Order Is Not Controlled by 656.17(f)(6)
Thursday, 28 January 2016 10:36
BALCA ordered certification to be granted despite a divergence of duties between Form ETA 9089 and the SWA job order, finding that 656.17(f) only applies to the required newspaper or professional journal. (Matter of Pinnacle Technical Resources, Inc., 1/21/2016). Read the Balca case here.
BALCA Remands Section K Cases for Certification, Dismisses Appeals
Monday, 25 January 2016 09:55
After denial solely for failing to list non-experience based qualifications in Section K, BALCA ordered the matter remanded for certification, which the CO supported. See three factually similar cases: 2014-PER-00224, 2014-PER-00260, and 2014-PER-00262. (Matter of The Cadmus Group, 1/15/16). Read Balca decision(PDF)
AC21 - Post-Porting Employee Has Standing to Challenge I-140 Revocation
Tuesday, 05 January 2016 10:32
Kidambi & Associates would like to congratulate and recognize Attorney Joseph Hohenstein for his excellent work on this case, MANTENA v. Johnson, Court of Appeals, 2nd Circuit 2015. The court held that USCIS is required by the portability provisions to give pre-revocation notice to the beneficiary or to the successor employer that it is revoking an I-140 petition filed by a previous employer. We have had the honor of collaborating with Joe on another case.
BALCA Reverses Denial Based on Dated Website Screenshots and Radio Audio Recording and Contract
Friday, 20 November 2015 13:06
After employer failed to provide dated website postings and the text of the radio ad, BALCA held that screenshots are "dated copies" and that an audio recording and contract from the radio station confirming when the ad ran was sufficient. (Matter of Waldorf School of Orange County, 11/6/15). Read the BALCA decision.
BALCA Reverses Denial of a Mailed In Application Denied for Failure to Verify Sponsorship
Monday, 16 November 2015 12:28
BALCA determined that employer verified sponsorship upon signing the statement certifying the conditions of employment on the mailed-in application. The application was remanded to CO for further processing on the merits of the application. (Matter of La Hacienda Meat Market, Inc., 11/4/15). Read the Balca decision here.
BALCA Upholds denial for PW Typo
Thursday, 05 November 2015 17:22
Denial affirmed where prevailing wage validity period on 9089 was less than 90 days. Validity was actually "90 days from date of determination" but dates were entered incorrectly on 9089. (Matter of Guilbert Tex, Inc., 10/14/15). Read the Balca decision here.
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