Matter of Century Wilshire Hotel, 2007-INA-00022 (10/15/07). [pdf decision]

…the Employer attempted in rebuttal to establish that the Alien gained qualifying experience for its Hotel Manager position while working as a Clerk. Although we might be willing to accept that some hotels may promote clerks to manager, the position taken by the Employer fails to establish that the requirements stated on the application were its actual minimum requirements for the job.

BALCA on Qualifying Experience with Sponsoring Employer is a post from: The Visa Bulletin

Matter of El Jalisco Mexican Restaurant, 2007-INA-00010 (12/10/07). [pdf decision]

We concur with the CO that the evidence of one minute or less for telephone contact with the applicants is inadequate to establish good faith efforts to recruit. If the Employer actually spoke to the applicants, it is not credible to believe that one minute was enough time to introduce the reason for the call, determine that the applicants did not have the requisite experience, and receive a statement from the applicants that they were not interested in the position. If the Employer’s attorney misunderstood the facts of the case in the appellate brief, and the Employer never actually talked to the applicants, then the absence of any attempt to follow up the phone calls with a letter exhibits a lack of good faith effort by the Employer to contact and consider these potentially qualified U.S. applicants.

BALCA Finds Lack of Good Faith Recruitment is a post from: The Visa Bulletin

Based upon Employer’s failure to provide the documentation reasonably requested by the CO in her effort to determine whether permanent full-time employment, as required by 20 C.F.R. §§656.3 and 656.20(c)(8), was being offered in this matter, we find that the CO properly found that the Employer failed to establish that it was offering a bona fide job opportunity.

BALCA Finds No Bona Fide Job Opportunity is a post from: The Visa Bulletin

The Employer clearly violated 20 C.F.R. § 656.17(e)(2)(i) by failing to place a job order of 30 days duration. The Employer’s lack of awareness that a job order was required is an insufficient justification to overcome the deficiency in the application. Thus, we affirm the CO’s denial of labor certification.

BALCA Finds Employer Violated Job Order Rule is a post from: The Visa Bulletin

The Employer’s later statements about its reasons for rejecting the applicants are ambiguous, and even contradictory. … it is clear that the applicants were rejected for lacking qualifications not listed in the ETA Form 750A. The Employer’s list of its required teaching methods and standards bear a remarkable consistency with the Alien’s qualifications.

BALCA Finds Applicants Wrongly Rejected is a post from: The Visa Bulletin

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.

BALCA Finds Self-Employment is a post from: The Visa Bulletin