Xie Law Offices, LLC
Is there a way to appeal a Certifying Officer¡¯s negative decision?
Yes. Employers (and only employers) will have 30 days to file a request for review with the Board of Alien Labor Certification Appeals (BALCA). That¡¯s an increase from the 21 days called for in the proposed rule (and this is consistent with the increase from 21 days to 30 days in various other places in the final rule). But unlike the current system, BALCA¡¯s authority to remand a case to a Certifying Officer for further consideration or fact-finding and determination has been eliminated.  
Back to PERM Center
¡¡


Copyright© Xie Law Offices LLC. 2000-2005 A Member of American Immigration Lawyers Association (AILA)