Permanent Residency

By Editorial Team , 3 January 2007

BALCA rules close relationship between labor certification sponsor and prior employer may disqualify prior experience.

The Board of Alien Labor Certification Appeals (BALCA) ruled (on or about December 7, 2006) that experience gained by the employee, beneficiary, with a prior employer may be disqualified if the sponsoring employer and the prior employer have a close relationship.  The general rule is that experience gained with the sponsoring employer can not be considered, absent special circumstances, as experience to qualify the beneficiary for the job offered in the labor certification.  In this ruling, BALCA has effectively held that experi

The message on my Corrections List states, "Failed Existence Check: Employer's address/phone number does not reference back...

The message on my Corrections List states, "Failed Existence Check: Employer's address/phone number does not reference back to employer's name." What should I do to resolve this problem?

According to the Labor Department:

You must submit a copy of the employer's articles of incorporation, business license, state registration, or other official documents that establish the employer as a bona fide business entity at a specific address to the appropriate Backlog Processing Center.

I've already e-mailed a request about a "no contact" case to the "no BEC contact" e-mail address prior to this announcement ...

I've already e-mailed a request about a "no contact" case to the "no BEC contact" e-mail address prior to this announcement, but have not heard anything, should I send another request?

According to the Labor Department:

No. BECs did not process e-mail to these boxes pending the release of this procedure. You should receive an initial acknowledgement of your request soon, depending on the volume of cases.