Mark A Ivener, A Law Corporation

Category: Labor Certs


BALCA Holds That Institutions of Higher Education Need Not Include Other Types of Entities in Wage Surveys

In Matter of University of Michigan, 2015-PWD-00006 (Nov. 18, 2015), the Department of Labor’s Board of Alien Labor Certification Appeals (BALCA) ruled in favor of an employer, the University of Michigan, that argued its wage survey of institutions of higher education was sufficient in determining the prevailing wage for a Senior Associate Regulatory Analyst. The… Read More

Office of Foreign Labor Certification Deals With Backlogs After Shutdown

The Department of Labor’s Office of Foreign Labor Certification (OFLC) has experienced backlogs as a result of the cessation of its electronic systems due to the recent federal government shutdown. OFLC noted that this further resulted in a backlog of documents submitted to OFLC during that period by mail, hand-delivery, or email. As a result,… Read More

BALCA Affirms Denial of Labor Cert for Technical Violation in Supervised Recruitment

In Matter of JP Morgan Chase & Co. (see Decision 2011-PER-00635), the Board of Alien Labor Certification Appeals (BALCA) upheld the denial of a labor certification application filed by JP Morgan Chase for a vice president of mergers and acquisition because the company noted that addresses of applicants were included in their resumes instead of… Read More

Labor Dept. Weighs In on Staggered Dates of Need

The Department of Labor’s Office of Foreign Labor Certification recently responded to the question, “Can an employer file a single Application for Temporary Employment Certification for staggered dates of need?” The answer is no. The Department explained that an application must contain a single date of need for all workers under that application. Under the… Read More

Office of Foreign Labor Certification Releases Application for Temporary Employment Certification in Fillable PDF Format

To support implementation of the new H-2A regulations and current H-2B regulations, the Department of Labor’s Office of Foreign Labor Certification (OFLC) is making available the ETA Form 9142, Application for Temporary Employment Certification, in a fillable PDF format. The OFLC said the new format provides users with the option to save and reuse the… Read More