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 [...]

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 [...]

BALCA found that the U.S. worker's lack of special skills was a lawful, job-related reason for rejection, and that the employer's failure to identify the requirements for the U.S. worker's previous position did not warrant denial. (Matter of Cisco Systems, [...]

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 - [...]

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). [...]

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 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, [...]

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 [...]

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 [...]

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 [...]

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 [...]