BALCA Finds Self-Employment
BALCA has published a number of decisions on labor certification applications over the past few weeks. I’m going to post many of those decisions in a new section called “Balca Decisions“. Most of the people who visit the Visa Bulletin already have certified labor certification applications, but some of you do not and these decisions might be useful.
The first decision deals with self-employment.
Matter of ATI Consultores, 2007-INA-00064 (2/11/08) (pdf decision)
Other than the observation that the Alien and the Employer have two different taxpayer numbers, the Employer presented no evidence indicating a genuine independence from the Alien’s ownership control and involvement in the business. We find that the relationship between the Alien and Employer is unmistakably tantamount to self-employment, and therefore a per se bar to permanent labor certification.