Over the course of the last year, the Board of Alien Labor Certification Appeals (”BALCA”)has been posting a series of appeal decisions. These BALCA decisions routinely deny the labor certification appeal, even for minor, de minimis errors of the employer and/or counsel. An example of today’s postings include the following:
BALCA Affirms Denial Based on Lack Of FEIN on Date of Filing for Domestic Household Employerhttp://www.aila.org/content/default.aspx?docid=30340 BALCA affirms denial based on the fact that the employer, a domestic household, lacked a valid FEIN on the date of filing the labor certification. Matter of Edward J. Tierny, 2009-PER-00314 (7/13/09). AILA Doc. No. 09102061.
BALCA Affirms Denial Because the Job Order Was Conducted Outside the 180 Day
Requirement http://www.aila.org/content/default.aspx?docid=30342BALCA affirms the PERM denial based on the fact that the application was filed 187 days after the job order was placed, and consequently, the job order was conducted outside the 180 day requirement. Matter of Spires Restaurant, 2009-PER-00125 (8/25/09). AILA Doc. No. 09102063.
BALCA Affirms Denial Based on Employer’s Failure to State Experience Requirement on PWD Requesthttp://www.aila.org/content/default.aspx?docid=30343 BALCA affirms the PERM denial based on the employer’s failure to state the experience requirement on the Prevailing Wage Determination request to the State Workforce Agency. Matter of Florida Restaurant Group, LLC, 2009-PER-00014 (8/25/09). AILA Doc. No. 09102064.