CILG Success Stories: BALCA Reverses PERM Denial

What is BALCA?

The Board of Alien Labor Certification Appeals (BALCA) is an administrative body which reviews mainly denials of PERM labor certification cases but it also handles a number of Department of Labor review cases.   With respect to PERM denials, BALCA is the appellate body which reviews appeals for PERM denials.

BALCA Reverses PERM Denial

In the Matter of PARC  represented by Capitol Immigration Law Group attorneys,  the Board of Alien Labor Certification Appeals (“BALCA”) considered a labor certification case in which the Certifying Officer (“CO”) issued a denial based on a Employer’s failure to provide sufficient evidence beyond the foreign worker’s personal statement that she acquired the required skill set for the position. BALCA found that the employee’s letter affirming her knowledge of programming and other skills was sufficient where the audit asked the employer to “provide documentation” without specifying the type of documentation or indicating that the letter must be notarized.

The Employer sponsored the position of “Assistant Accountant” and stated that the position required “knowledge of Med Waiver, ICF/DD, EDI, and MIP Fund”. The case was audited and the Employer provided the foreign worker’s Personal Statement, signed under the penalty of perjury  stating that she possessed the required knowledge at the time of hire. The Employer additionally submitted a letter signed by the Employer’s Comptroller confirming at the time of hire the foreign worker met the job posting requirements

BALCA stated: “We find that the Employee’s submission of the signed letter from

[the foreign national] in response to the Audit substantially complied with the Audit request, and the [DOL’s] denial under Section 656.20(b) is not warranted.” Consequently, it overturned the denial. While it is important to ensure that the foreign national has appropriate documentation and proof of the required skills and knowledge, this case provides some support where the employee  has the required skills set but might be unable to independently document it.

BALCA and the Capitol Immigration Law Group

Our office handles a number of requests for reconsideration and BALCA appeals on PERM denials.  PERMs are being denied on a number of reasons, some of which are difficult to appeal.  Our office can help you review your PERM denial and, if necessary, assist in the appeal process.  Please contact us if we can be of any help.

 

By | Last Updated: May 20th, 2017| Categories: DOL, News, PERM|

About the Author: Alexandra Michailov, Esq.

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Aleksandra has more than decade of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. She represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

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The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration.   Disclaimer:  we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts.  It is not to be construed as legal advice.