PERM News2018-03-12T18:58:06+00:00

NEWS

PERM/EB-2

25Jan, 2016

BALCA Remands Section K Cases for Certification, Dismisses Appeals

Jan 25, 2016|

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)

5Jan, 2016

AC21 – Post-Porting Employee Has Standing to Challenge I-140 Revocation

Jan 5, 2016|

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 [...]

5Nov, 2015

BALCA Upholds denial for PW Typo

Nov 5, 2015|

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.

5Nov, 2015

BALCA Affirms Denial Where Notice of Filing Lacks Employer Name

Nov 5, 2015|

BALCA affirmed denial where the company president's name but not employer’s name was on the NOF. Rejecting the employer's harmless error argument, BALCA said persons providing information to the CO need the employer name as it appears on Form 9089. (Matter of G.O.T. Supply, Inc., 10/6/15). Read the Balca decision here.

11Sep, 2015

FAQ on Filing I-485

Sep 11, 2015|

Q. Why is the new (October) Visa Bulletin different?  A. The visa modernization initiative announced by President Obama last year is the reason for this change. As part of this initiative, the USCIS and Department of State have formulated a process of determining visa eligibility. Q. Why are there two grids with dates [...]

19May, 2015

BALCA Upholds Denial for Failure to Submit Signed Recruitment Report

May 19, 2015|

Acknowledging that 20 CFR 656.17(g)(1) does not explicitly require recruitment reports to have "original" signatures, BALCA upheld the denial of 3 labor certifications rejecting the argument that the typewritten name constituted an electronic signature. (Matter of NYC Dept. of Educ., 5/14/15).  Read the BALCA decision here.

30Sep, 2014

Form I-9 Webinar On-Demand

Sep 30, 2014|

USCIS has published an informative webinar thats's available on demand about Form I-9 and how to properly complete it. Please watch the I-9 Form webinar.

11Jun, 2014

BALCA on “Infeasibility to Train”

Jun 11, 2014|

BALCA found that where the employee gained the required experience while working for the employer, the employer's detailed statement sufficiently documented that it was no longer feasible to train a worker for the position under 20 CFR §656.17(i)(2)(ii). (Matter of Kentrox, 5/22/14). Read the BALCA case.

11Jun, 2014

BALCA on Use of Single Newspaper for Multiple Recruitment Steps

Jun 11, 2014|

Finding nothing in the regulations prohibiting an employer from using the same newspaper as both a "general circulation" and a local newspaper, BALCA reversed the denial where the employer placed two Sunday ads and one Tuesday ad in the Boston Globe. (Matter of Delta Search Labs, 4/24/14). Read the BALCA case.

11Jun, 2014

BALCA Panel Disagrees with Credit Suisse Holding on Ad Requirements

Jun 11, 2014|

BALCA reversed the CO's denial, finding that based on the plain language of the regulations and the regulatory history, the advertising content requirements of 20 CFR 656.17(f) do not apply to additional requirement steps found in section 656.17(e)(1)(ii). (Matter of Symantec Corp., 2/11/14).  Read the BALCA case.

11Jun, 2014

BALCA Reverses PERM Denial for Senior Financial Analyst

Jun 11, 2014|

BALCA reversed the CO's denial, finding the laid-off U.S. worker clearly lacked the required experience and skill in specified accounting and modeling programs based on the face of the worker's resume and the employer's ETA 9089. (Matter of Federal Home Loan Mortgage Corp., 2/10/14).  Read the BALCA case.

11Jun, 2014

BALCA Says ETA 9089 Lacks “Free Form Space” for Clarifying Eligibility

Jun 11, 2014|

BALCA held that the CO was unreasonable in insisting that the alien's holding of the required degree be disclosed on the 9089 where documents in the reconsideration motion showed that a bachelor's degree is a prerequisite for a Montessori certificate. (Matter of The Clariden School, 1/30/14). Read the BALCA case.

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