Board of Alien Labor Certification Appeals (“BALCA”)

Subscribe to Board of Alien Labor Certification Appeals (“BALCA”) via RSS

The federal government shutdown is disrupting some immigration functions. Most significantly, the U.S. Department of Labor (DOL)’s FLAG system is down, preventing the filing of LCAs, prevailing wage requests, and PERM applications. While U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) remain operational due to fee-based funding, employers should prepare…

In two recent rulings, the Board of Alien Labor Certification Appeals (“BALCA”) reversed denials of permanent labor certifications issued by Certifying Officers (“CO”). 

In the first case, BALCA applied Matter of Symantec to hold that including travel and home option requirements (employer had included ( “[w]illingness to travel; may require work from home”) on the …