Notable BALCA Decisions Issued in 2017 and What They Mean for PERM Processing (.PDF)
The Hottest of the Hot: Notable BALCA Decisions Issued in 2017 and What They Mean for PERM Processing
The U.S. Department of Labor’s (DOL’s) Office of Foreign Labor Certification (OFLC) is the source of many of the “hot topics” associated with the PERM labor certification process. Practitioners must carefully monitor audit rates, processing times, FAQs, and shifting adjudication standards to ensure that cases are handled in a way that ensures the greatest chance of approval. With Board of Alien Labor Certification Appeals (BALCA) backlogs of three years or more, developments from BALCA may not seem like a “hot topic.” To the contrary, decisions from BALCA just since the beginning of 2017 have been the source of substantial developments in the PERM process, and have provided clarity on issues that have been the source of multiple PERM denials. This article will review some of the most notable of those decisions
This article, written by Deborah Notkin, Catherine Haight, Eleanor Pelta, and Kevin Miner, is reprinted from the 2017 AILA PERM/ H-2B Practice Conference Handbook.
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