Latest BALCA Decision on Requiring Travel

By |2012-03-09T22:40:55+00:00March 9th, 2012|Categories: Green Cards|Tags: , , , |

Read the latest BALCA decision and then openly weep for the state of our employment based immigration system. In this case, the DOL Certifying Officer denied a PERM case on the basis that the ad language stated "may require employer-reimbursed travel" instead of "some positions may require travel" and determined that US workers could be confused by such language and not be aware that travel may be required. I'm sorry but, if you are mis-led by that language, you do not deserve consideration for employment in any job. The fact that the Certifying Officer even thought there may be confusion is beyond comprehension. Fortunately, BALCA ruled in the employer's favor and ordered the case to be certified but, the appeal took almost 2 years and the overall case has been pending for almost 4. Sadly, of the 3 government agencies most involved in business immigration cases, the DOL, in spite of decisions like this is still light years ahead of the USCIS and the US Consulates (DOS)  in following the law without prejudice and in operating efficiently.