BALCA OKs Omission of Language Requirement in NOF

2018-03-07T20:24:20+00:00Aug 1, 2013|

BALCA reversed the denial, finding the omission of a Spanish language requirement in the Notice of Filing was not by itself fatal to the application where the overall text of the NOF was sufficient to apprise U.S. workers of the job opportunity. (Matter of Architectural Stone Accents, 7/3/13). Read the BALCA case here.

BALCA Upholds Denial in Case Involving Home Office

2018-03-07T20:22:04+00:00Jul 23, 2013|

BALCA found the employer's ads unduly restrictive, where the employer listed "Houston, TX" (the place of the beneficiary's residence) as the geographic area of employment, when in fact, the position is more flexible and allows the person to work from home. (Matter of Siemen's, 7/23/13).  Read the BALCA case here.

BALCA on Documenting Recruitment from the Employer’s Website

2018-03-07T21:09:41+00:00Apr 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) [Courtesy - AILA] Read the BALCA case.

BALCA Remands, Says Ads Would Not Prevent U.S. Workers from Applying

2018-03-07T21:16:02+00:00Apr 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). [Courtesy-AILA] Read the BALCA decision.

USCIS Revises Employment Eligibility Verification Form I-9

2018-03-03T17:54:01+00:00Mar 10, 2013|

U.S. Citizenship and Immigration Services (USCIS) today published a revised Employment Eligibility Verification Form I-9 for use. All employers are required to complete a Form I-9 for each employee hired in the United States. Improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers. The Department [...]

USCIS launches new E-Verify Employers Search Tool

2018-03-07T21:51:59+00:00Jan 23, 2013|

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 Reverses Denial Due to of Deficient Job Order Form

2018-03-07T21:22:37+00:00Dec 3, 2012|

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).

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