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) [Courtesy - AILA] Read the BALCA case.
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). [Courtesy-AILA] Read the BALCA decision.
USCIS has just launched its new E-Verify Employers Search Tool, which allows you to find employers currently enrolled in E-Verify. The new tool lets you filter, sort and export results found during your search. Information you can find in it includes: The employer’s business name; Whether the employer is a federal contractor; and The city [...]
BALCA reversed denial because evidence demonstrated that the employer entered the actual minimum requirements into the job order form, but that a deficient form caused those requirements to be converted. (Matter of Cognizant Technology Solutions US Corp., 11/29/12). Read the BALCA decision (PDF).
BALCA found that the employer did not mislead U.S. workers where the ads stated the position was located in San Francisco and may require multiple long-term regional assignments but the ETA 9089 listed Fremont, the company's headquarters. (Matter of Infosys, 11/16/12). Read the BALCA decision (PDF).
BALCA affirmed the denial where the attorney failed to sign the ETA 9089 submitted with the audit response, noting that the instructions provide clear notice to the employer that the 9089 must be signed by the attorney or agent. (Matter of TLH Construction, 8/19/10). Read the BALCA document. (pdf).
BALCA found that the dates on the ETA 9089, a statement that the program was in effect when recruitment began, and proof that the ERP was part of the handbook was sufficient to show that the ERP was in effect during recruitment. (Matter of Bottomline Tech., 10/18/12). Read the BALCA decision (pdf).
Applying the code for the higher-paying of the two O*Net occupations, BALCA found that the assignment of a Level 3 wage for "Natural Sciences Managers" was consistent with the 2009 PWD Guidance and was not an abuse of discretion. (Matter of Emory University, 2/27/12). --Courtesy AILA. Read the BALCA decision on Matter of Emory University [...]
BALCA affirmed the PWD for a Psychologist/Lecturer, finding that a Level 3 wage for "Clinical, Counseling, and School Psychologists" was proper where the job included both teaching and practicing psychologist duties. (Matter of Univ. of Wisconsin-Oshkosh, 3/27/12). --Courtesy-AILA. Read the BALCA decision on the matter of Univ of Wisconsin-Oshkosh (PDF).
Employer Best Practices During Worksite Enforcement Audits DO Develop a transparent process for interacting with employees during the audit, including communicating with employees that the employer is subject to an ICE audit. Provide all workers with a reasonable amount of time to correct discrepancies in their records identified by ICE. Treat all workers in the [...]