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Results: 1-10 of 11

AILA asks BALCA to affirm 656.40(c) ruling in Matter of Horizon Computer Services

  • Hogan Lovells
  • -
  • USA
  • -
  • October 28 2011

On 11 October 2011, the American Immigration Lawyers Association (AILA) submitted an amicus curiae brief to Department of Labor Board of Alien Labor Certification Appeals (BALCA), requesting that BALCA affirm the 656.40(c) ruling in Matter of Horizon Computer Services

Ninth Circuit ruling on impact of weekends and holidays on voluntary departure

  • Hogan Lovells
  • -
  • Peru, USA
  • -
  • October 28 2011

On 12 October 2011, the Ninth Circuit held that the period of voluntary departure legally expires on the business day after the weekend on which the period technically expires, where the alien files an emergency request for extension

Eleventh Circuit blocks two key provisions of Alabama HB 56 law; DOJ establishes hotline

  • Hogan Lovells
  • -
  • USA
  • -
  • October 28 2011

On 14 October 2011, the Eleventh Circuit issued an injunction blocking two provisions of Alabama's immigration law (HB 56) from taking effect while the appeal proceeds, but left two other provisions in effect

Supreme Court upholds Arizona law mandating e-verify

  • Hogan Lovells
  • -
  • USA
  • -
  • June 24 2011

On 26 May 2011 a 5-3 decision of the U.S. Supreme Court upheld an Arizona law (the Legal Arizona Workers Act) rejecting the claims by business and civil rights groups that the law intrudes upon federal immigration policy

BALCA affirms denial, finding employer statement insufficient documentation of minimum requirements

  • Hogan Lovells
  • -
  • USA
  • -
  • July 30 2010

On 29 June 2010 the Board of Alien Labor Certification Appeals (BALCA) affirmed the denial of the labor certification application of Virginia Carolina Construction on behalf of Jose Culler

BALCA finds combined analysis of education and experience for prevailing wage determination contrary to guidance

  • Hogan Lovells
  • -
  • USA
  • -
  • June 17 2009

On April 13, 2009, a three-judge panel of the Board of Alien Labor Certification Appeals (BALCA) issued a decision finding that a combined analysis of education and experience led to the issuance of an erroneous prevailing wage determination for a labor certification application

Eighth Circuit determines that outcome of administrative proceeding does not preclude finding of good moral character

  • Hogan Lovells
  • -
  • USA
  • -
  • June 17 2009

On April 13, 2009, the U.S. Court of Appeals for the Eighth Circuit reversed and remanded a district court decision that denied a naturalization application for lack of good moral character

BALCA upholds denial where employer conducted its own prevailing wage survey

  • Hogan Lovells
  • -
  • USA
  • -
  • June 17 2009

On April 9, 2009, a three-judge panel of the Board of Alien Labor Certification Appeals (BALCA) issued a decision affirming a Certifying Officer's (CO) denial of an employer's labor certification application

ALJ orders employer to pay back wages for “benching” H1-B employee

  • Hogan Lovells
  • -
  • USA
  • -
  • June 17 2009

In a recent H1-B dispute, Administrator, Wage and Hour Division v. Itek Consulting, Inc., 2008- LCA-00046 (May 6, 2009), an Administrative Law Judge (ALJ) found an employer owed an H1-B employee back wages for time spent in nonproductive status and for failing to pay the required wage for the time the employee worked prior to a bona fide termination

BALCA finds employer must include name in job ad; fax number is insufficient

  • Hogan Lovells
  • -
  • USA
  • -
  • May 4 2009

On January 5, 2009, a three-judge panel of the Board of Alien Labor Certification Appeals (BALCA) issued a decision affirming a Certifying Officer's (CO) denial of an employer's labor certification application