May 3, 2006

Reminder from DOL Liaison Committee on RIR Conversion

The AILA DOL Liaison Committee issues a reminder that RIR conversion requests with regard to pending labor certifications can only be submitted to a Backlog Elimination Centers for traditional/supervised labor certification applications that were filed on or before August 3, 2001.

March 16, 2006

Update Regarding PERM and BALCA

The Board of Alien Labor Certification Appeals has received its first PERM appeal. BALCA has agreed to review the matter en banc before the full panel of judges, and agreed to expedite its review.

The facts are as follows: Employer advertised on a Sunday as required under the PERM regulations for professional position. However, a Monday date was erroneously entered on Form ETA 9089. A request to reconsider/appeal was filed and the tear sheets were submitted to demonstrate Sunday advertising. The employer was otherwise in compliance with the regulations. Therefore, the issue is whether DOL abused its discretion by denying a labor certification involving a perceived "harmless error." There are several other denials involving this same issue, therefore, this case will be viewed by as a "test" case.

Office Closures and Alternate Contact Information

In December of 2005, the Employment and Training Administration (ETA) announced that it will be closing its Regional Office operations in order to unify filing and processing activities at the two National Processing Centers, located in Atlanta and Chicago, and two Backlog Elimination Centers, located in Dallas and Philadelphia.

Click HERE for Office Closures and Alternate Contact Information