BALCA Decisions

Matter of: HESO ELECTRIC, Issue Date: 21 April 2011, BALCA Case No.: 2010-PER-00670.

BALCA remanded the case to the CO for reconsideration where the employer failed to check Box M-1 on the ETA 9089, which asks whether the application was completed by the employer, but provided the preparer’s name and signature.

Matter of Forest View Nursing Home, Issue Date: 11 February 2011
BALCA No.: 2010-PER-00106, ETA No.: A-07193-55727

BALCA found that even though the CO stated that the notice of filing was not included in the audit response, it was intended to be included, and could have been if not for a clerical loss upon sending or receipt. BALCA Vacates Denial in the Interest of Fundamental Fairness.

Matter of Michael Gorham Racing Stable, Issue Date: 09 March 2011, BALCA Case No.: 2010-PER-00525, ETA Case No.: A-08091-37360

BALCA held that the submission of the employer’s business licenses that list its FEIN and match the number provided on the labor certification was sufficient to establish that the employer is a bona fide entity.  Denial vacated and remanded to CO.

Matter of Il Cortile Restaurant,

The Board vacated the denial and remanded to the CO, finding that where employees work on a weekend or holiday and can see the notice of filing, those days are “business days” for purposes of the notice requirement under 20 CFR §656.10(d)(1)(ii).

Matter of: Baily International of Atlanta, Inc., Issue Date: 19 April 2011
BALCA No.: 2010-PER-00468, ETA No.: A-07288-85580

BALCA refused to apply Superior Landscape to round up the wage on the NOF that was 99.51% of the prevailing wage. Stated that the CO has the discretion to take a reasonable approach in cases like this.

Matter of Take Solutions, Inc., Issue Date: 28 April 2011, BALCA Case No.: 2010-PER-00907, ETA Case No.: A-07290-86622

Denial upheld by BALCA. When the employer receives more than one prevailing wage determination based on variations of the minimum job requirements (primary and alternative), the employer must abide by the higher wage.

Matter of IFuturistics, Inc., Issue Date: 21 April 2011, BALCA Case No.: 2010-PER-00631, ETA Case No.: A-09137-45476.

BALCA affirmed the CO’s finding that Computer magazine was not a professional journal. (unable to consider new evidence submitted by the employer with its request for review).

Matter of Continental Systems, Issue Date: 07 April 2010, BALCA Case No.: 2009-PER-00441, ETA Case No.: A-07152-42137

BALCA upheld the denial for failure to show sufficient funds to pay the alien’s salary. Petitioner is a consulting company where the ability to pay salaries largely depends on the generation of funds by the consultants.

Matter of Dr. Deza, Issue Date: 11 February 2011, BALCA No.: 2010-PER-00113, ETA No.: C-07220-64259

BALCA found that the employer’s job search web advertisement met the requirements of 20 CFR §656.17(f) where the search results listed the employer as “confidential” but the name of the employer was disclosed in the advertisement itself.

Client Reviews

  • Excellent service provided by the Team and every step of the way was very accurate and guidance was brilliant , we use USAVISANOW for our Companies Immigration needs , will recommend to every one.
    ★★★★★
  • After searching for an attorney/firm to prepare my NIW case I came across Marc’s website (usavisanow.com). I was immediately struck by how responsive they were, often answering my detailed questions within an hour. It took about 4 weeks from start the process to filing with USCIS – mostly because of the time it took me to obtain the reference / recommendation letters…
    ★★★★★
  • The Green Card process, or any immigration petition for that matter, can be a very daunting, stressful and confusing process for applicants. Thanks to Marc and his team, my experience (for both my Green Card application from start to finish, and H1B transfer from my former to my current employer) was none of those things.
    ★★★★★
  • I worked with Taylor and Associates Law P.C. on two separate cases — an H1B work visa and a marriage green card — and was very pleased with the high-level of service they provided. The visa process is very overwhelming, but my case manager, Mr. Dorer, made both processes easy and efficient because he is informative and is always quick to respond to my questions in a timely manner.
    ★★★★★
  • Marc Taylor and his team have been excellent in preparing and following-up on our case in a timely manner. The team has been prompt in filing all the paper work for the Green card for my husband. They answered every question I had (and I had a lot of questions!) quickly and clearly. I have already recommended their services to my friend who is getting married next month. Thank you for making this process seem easy!
    ★★★★★
  • We decided to go with Marc for our K-1 visa, for my fiance and son. Marc and his incredible team was an invaluable resource for us in uniting our family. I want to additionally extend my warmest regards and thanks to John for his patience and unwavering support! Thank you all so very much!
    ★★★★★
  • Have been using Marc Taylor’s services, usavisanow.com for a few years. Mr. Taylor provided assistance and guided us through many steps: from the initial H1B visa application all the way to the employment based Green Card. Very professional and quick to respond to our inquiries. The website is easy to use. Very convenient to send documents and track the progress of your application. Office employees are also very helpful and responsive.
    ★★★★★
  • My marriage based permanent residence case was prepared professionally and filed quickly. They responded to my emails in a very detailed and timely manner. The whole process was done online. They kept me updated about my case status during the whole process. Thank you Marc and your team for helping me through this process and not charging me thousands of dollars like some other lawyers.
    ★★★★★

Read More Client Reviews

There are no products