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.

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