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

I've had the pleasure of conducting business with this law firm for the last 10 years. They have been nothing but the best for every aspect of immigration need I had. From F1 all the way to citizenship. They're probably the most affordable, knowledgeable, and most efficient immigration law firm out there. Plus, they always provide responses to questions in a very timely manner. Trust me, other immigration law firms will cost you an arm and a leg for the same or less of a service compared to this law firm. Give them a call, check out their website. You will not regret it.
Andy Glasgow
Andy Glasgow
17:26 27 Mar 17
Because of John and his team my wife and I were able to travel back to the states, get married and have a Green Card without any headaches. John’s efforts were amazing and it shows because my wife and I didn’t have to go to the Green card interview. We had a strong enough case to receive the Green card in the mail. If you’re seeking a Lawyer that will be impartial, he’s your guy.
T M
T M
19:18 23 Feb 17
Me & husband went through immigration process which thankfully was made easy with the help and services of Marc Tyler Inc. Our direct contact was John which i want to personally say Thank You ! The service provided was efficient, fast, affordable prompt answers in a timely fashion. I would recommend Marc Tyler Inc to anyone who need immigration done fast, easy, friendly & with no hidden charges.
Aleksandra Stoycheva
Aleksandra Stoycheva
15:27 26 Jan 17
I could not have asked for better service. I will definitely be coming back to get the green card process done. The fees are extremely reasonable and they stick with their clients the entire way. I had so many questions during this process, and each one of them were answered very quickly and with out most professionalism. This firm is a pleasure to work with and I highly recommend them to anyone.
bryan mowrey
bryan mowrey
06:41 25 Nov 16
Marc and John Dorer worked on our case to file for AOS after our L1A was approved. Marc and John are professionals and extremely reasonable-priced. The reason they are able to cut the price is because they don't spend time consulting you or guiding you and will never get on call. All communications are email only, so if you know precisely what you want they will do all the paper-work, follow the trail and get the job done. If you are confused and need advice and consulting, they may not be the right lawyers. But since we were doing our AOS, it worked out perfectly well and they did their job extremely professionally. Would recommend them every time to get the work done.
hardik parikh
hardik parikh
01:58 08 Feb 17
At first I thought I could have very well gone through the green card application process on my own and saved all lawyer fees. Its funny how some lawyers can charge in excess of 2K for this. However at Taylor and Associates the price seemed more reasonable and felt it made sense to go with one at that price. There were some doubts that arose in our mind which they cleared in a timely manner and seemed very knowledgeable in this area. Its for moments like these when having a professional around helps. While we can get busy with our lives and with laws constantly changing, I would definitely recommend them - a small price to pay for peace of mind.
Callistus Pereira
Callistus Pereira
17:51 06 Jun 17

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