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 Employer http://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=30342 BALCA 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 con...
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