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BALCA Summaries 2003
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Date
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Case No
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Title
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Decision Topic
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Jan. 10, 2003
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2002-INA-46
|
Decision and Order
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Insufficient documentation to rebut unduly restrictive job
requirement
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Jan. 10, 2003
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2002-INA-49
|
Decision and Order
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Unlawful rejection of US workers
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Jan. 10, 2003
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2002-INA-105
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Decision and Order
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Employer failed to demonstrate ability to pay wages
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Jan. 24, 2003
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2001-INA-24
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Decision and Order
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Denial vacated; certification granted based upon sufficient
documentation for rejection of US workers, good faith recruitment
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Jan. 24, 2003
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2001-INA-107
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Decision and Order
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Lack of bona fide job opportunity
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Feb. 7, 2003
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2002-INA-57
|
Decision and Order
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Failure to establish good faith in recruitment
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Feb. 7, 2003
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2002-INA-86
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Decision and Order
|
Employer did not find flaw in CO's finding; job not open to US
workers
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Feb. 7, 2003
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2002-INA-104
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Decision and Order
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Rejection of US workers based on
inadequate recruiting effort
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Feb. 7, 2003
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2002-INA-138
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Decision and Order
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Failure to rebut CO's findings
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Feb. 7, 2003
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2002-INA-154
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Decision and Order
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Employer failed to demonstrate full time employment opportunity
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Feb. 20, 2003
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2003-INA-36
|
Order
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Employer's Request to amend the wage offered, re-advertise and
re-test the labor market is denied
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Feb. 20, 2003
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2002-INA-55
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Decision and Order
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Employer failed to demonstrate good faith effort to recruit
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Mar. 21, 2003
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2002-INA-88
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Decision and Order
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Lack of good faith recruitment
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Mar. 21, 2003
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2002-INA-117
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Decision and Order
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Alien does not meet employer's stated job requirements
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Mar. 21, 2003
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2002-INA-174
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Decision and Order
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Lack of good faith recruitment
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April 16, 2003
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2002-INA-111
|
Decision and Order
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Lack of good faith recruitment
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April 16, 2003
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2002-INA-114
|
Decision and Order
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Employer did not report alien's income
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April 16, 2003
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2002-INA-121
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Decision and Order
|
Unduly restrictive job requirement
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April 16, 2003
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2002-INA-193
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Decision and Order
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Rejection of US worker
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April 23, 2003
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April 23, 2003
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2002-INA-129
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Decision and Order
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Employer successfully rebutted NOF; denial reversed, remanded for
certification issuance
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April 23, 2003
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2002-INA-145
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Decision and Order
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Remand – NOF unclear
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May 20, 2003
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2002-INA-90
|
Decision and Order
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Lack of good faith recruitment
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May 20, 2003
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2002-INA-118
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Decision and Order
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Failure to rebut NOF findings
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May 20, 2003
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2002-INA-126
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Decision and Order
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Failure to document lawful rejection of US workers
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May 20, 2003
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2002-INA-123
|
Decision and Order
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Lack of good faith recruitment
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May 20, 2003
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2002-INA-128
|
Decision and Order
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Employer failed to address the "Qualified US workers"
issue
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May 20, 2003
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2002-INA-147
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Decision and Order
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Lack of good faith recruitment
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May 20, 2003
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2002-INA-148
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Decision and Order
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No bona fide job opportunity
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May 20, 2003
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2002-INA-196
|
Decision and Order
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Failure to prove alien's sufficient experience
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May 20, 2003
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2002-INA-200
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Decision and Order
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Rejection of US worker
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June 5, 2003
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2002-INA-180
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Decision and Order
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Certification denial reversed due to insufficient NOF
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June 12, 2003
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2002-INA-92
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Decision and Order
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Employer failed to show that US workers were not available
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June 12, 2003
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2002-INA-93
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Decision and Order
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Employer failed to show that US workers were not available
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June 12, 2003
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2002-INA-97
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Decision and Order
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Employer failed to address 2 of 3 findings in NOF
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June 12, 2003
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2002-INA-100
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Decision and Order
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Non-responsive and unpersuasive rebuttal
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June 12, 2003
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2002-INA-150
|
Decision and Order
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Failure to provide documentation to show good faith effort to
recruit
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June 16, 2003
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2002-INA-85
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Decision and Order of Remand
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Denial vacated, matter remanded for further consideration
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June 30, 2003
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2002-INA-135
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Decision and Order
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Denial vacated, matter remanded for further consideration due to
ambiguous NOF
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July 1, 2003
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2002-INA-84
|
Decision and Order
|
Unlawful rejection of US workers
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July 1, 2003
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2002-INA-120
|
Decision and Order
|
Denial vacated, matter remanded for further consideration
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July 1, 2003
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2002-INA-133
|
Decision and Order
|
Employer failed to comply with request for more complete, amended
ETA 750, Form B
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July 1, 2003
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2003-INA-51,
2003-INA-118
|
Decision and Order of Remand
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Denial of reduction I recruitment affirmed; denial of
certification reversed, remanded for further proceedings
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July 2, 2003
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2002-INA-181
|
Decision and Order
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Unduly Restrictive Job Requirements
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July 3, 2003
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2002-INA-96
|
Decision and Order
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Unlawful rejection of US workers
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July 3, 2003
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2002-INA-136
|
Decision and Order
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Inadequate response to request for copies of alien's marketing
reports
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July 3, 2003
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2002-INA-140
|
Decision and Order
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Employer failed to adequately rebut findings
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July 9, 2003
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2002-INA-106
|
Decision and Order
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Unduly Restrictive Job Requirements
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July 9, 2003
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2002-INA-110
|
Decision and Order
|
Unduly Restrictive Job Requirements
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July 9, 2003
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2002-INA-112
|
Decision and Order
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Lack of good faith recruitment
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July 9, 2003
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2002-INA-141
|
Decision and Order
|
Prevailing wage
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July 9, 2003
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2002-INA-144
|
Decision and Order
|
Unduly Restrictive Job Requirements
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|
July 9, 2003
|
2002-INA-199
|
Decision and Order
|
Unlawful rejection of US workers
|
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July 14, 2003
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2002-INA-119
|
Decision and Order
|
Unduly Restrictive Job Requirements
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July 14, 2003
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2002-INA-149
|
Decision and Order
|
Unlawful rejection of US workers; lack of good faith recruitment
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July 14, 2003
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2002-INA-172
|
Decision and Order
|
Insufficient rebuttal evidence of job position
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July 14, 2003
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2002-INA-247
|
Decision and Order
|
Employer failed to rebut finding of a violation of 20 CFR §
656.20(b)(2)
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|
July 22, 2003
|
2002-INA-176,
2002-INA-177
|
Decision and Order
|
Lack of good faith recruitment; Non-Certifiable Schedule B
Occupation
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|
August 1, 2003
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2002-INA-217
|
Order of Suspension
|
Order suspending attorney Dulce Cuco from practice before BALCA
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August 5, 2003
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2002-INA-169
|
Decision and Order
|
Bona Fide Job Opportunity – GRANT
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August 11, 2003
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2002-INA-89
|
Decision and Order
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Employer failed to adequately rebut findings
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August 11, 2003
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2002-INA-161
|
Decision and Order
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Alien’s experience obtained with Employer
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August 12, 2003
|
2002-INA-115
|
Decision and Order
|
Bona Fide Job Opportunity – failure to document
ability to pay wages
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August 12, 2003
|
2002-INA-214
|
Decision and Order
|
Remand – actual minimum requirements
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August 12, 2003
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2002-INA-229
|
Decision and Order
|
Unduly restrictive job requirement
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|
August 13, 2003
|
2002-INA-165
|
Decision and Order
|
Bona Fide Job Opportunity – Employer’s
financial ability to pay wages
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August 13, 2003
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2002-INA-246
|
Decision and Order
|
Unduly restrictive job requirement – combination of duties
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August 13, 2003
|
2002-INA-248
|
Decision and Order
|
Rejection of US workers
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|
August 13, 2003
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2002-INA-282-286,
291
|
Decision and Order
|
Prevailing wage
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|
August 14, 2003
|
2002-INA-87
|
Decision and Order
|
Rejection of US workers
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August 15, 2003
|
2002-INA-185-190
|
Decision and Order
|
Alien’s experience obtained with Employer
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August 15, 2003
|
2002-INA-236,237
|
Decision and Order
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Remand – timeliness of rebuttal
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August 19, 2003
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2002-INA-182
|
Decision and Order
|
Lack of good faith recruitment
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|
August 19, 2003
|
2002-INA-238
|
Decision and Order
|
Insufficient statement of grounds for review
|
|
August 20, 2003
|
2002-INA-254
|
Decision and Order
|
Bona Fide Job Opportunity
|
|
August 20, 2003
|
2003-INA-99
|
Decision and Order
|
Lack of good faith recruitment
|
|
August 20, 2003
|
2003-INA-133
|
Decision and Order
|
Alien’s qualifications
|
|
August 21, 2003
|
2003-INA-56
|
Decision and Order
|
Unduly restrictive job requirement – business necessity
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|
August 22, 2003
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2002-INA-178
|
Decision and Order
|
Bona Fide Job Opportunity
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August 22, 2003
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2002-INA-194
|
Decision and Order
|
Prevailing Wage
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|
August 22, 2003
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2002-INA-201,
202
|
Decision and Order
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Untimely rebuttal – evidence submitted w/ request for review
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August 22, 2003
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2002-INA-239,240
|
Decision and Order
|
Bona Fide Job Opportunity
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August 22, 2003
|
2002-INA-241
|
Decision and Order
|
Prevailing Wage
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August 27, 2003
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2002-INA-102
– 2003-INA-115
|
Decision and Order
|
Lack of good faith recruitment
36 consolidated cases
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August 27, 2003
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2003-INA-119
|
Decision and Order
|
Prevailing Wage
|
|
August 27, 2003
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2002-INA-230
|
Decision and Order
|
Bona Fide Job Opportunity – failure to document
ability to pay wages
|
|
August 27, 2003
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2003-INA-59
|
Decision and Order
|
Bona Fide Job Opportunity
|
|
August 27, 2003
|
2002-INA-175
|
Decision and Order
|
Rejection of US workers
|
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August 28, 2003
|
2002-INA-256
|
Decision and Order
|
Bona Fide Job Opportunity
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August 28, 2003
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2002-INA-245
|
Decision and Order
|
Bona Fide Job Opportunity – failure to document
ability to pay wages
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August 28, 2003
|
2002-INA-257
|
Decision and Order
|
Rejection of US workers
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|
September 3, 2003
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2003-INA-82
|
Decision and Order
|
Remand – Prevailing Wage
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September 3, 2003
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2002-INA-195
|
Decision and Order
|
Rejection of US workers
|
|
September 3, 2003
|
2002-INA-227-228
|
Decision and Order
|
Lack of good faith recruitment
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September 3, 2003
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2002-INA-292,
306, 2003-INA-5
|
Decision and Order
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Remand to address business necessity
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September 3, 2003
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2002-INA-249-253,
261
|
Decision and Order
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Remand for further recruitment
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September 3, 2003
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2002-INA-173
|
Decision and Order
|
Remand – good faith recruitment
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|
September 3, 2003
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2003-INA-84,
109, 110-112, 128
|
Decision and Order
|
Prevailing Wage
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|
September 4, 2003
|
2002-INA-167
|
Decision and Order
|
Unduly restrictive job requirement
|
|
September 4, 2003
|
2003-INA-11
|
Order of Dismissal
|
Dismissal – Failure to state grounds for review
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September 4, 2003
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2002-INA-152
|
Decision and Order
|
Lack of good faith recruitment – Reconsideration granted 11/12/03 – remanded
|
|
September 5, 2003
|
2003-INA-32-36
|
Decision and Order
|
Bona Fide Job Opportunity
|
|
September 5, 2003
|
2002-INA-143
|
Decision and Order
|
Bona Fide Job Opportunity
Lack of good faith recruitment
|
|
September 5, 2003
|
2002-INA-170
|
Decision and Order
|
Bona Fide Job Opportunity – Employer’s failure
to pay wages
|
|
September 5, 2003
|
2002-INA-127
|
Decision and Order
|
Rejection of US workers
Lack of good faith recruitment
|
|
September 5, 2003
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2002-INA-155
|
Decision and Order
|
Bona Fide Job Opportunity – failure to document
ability to pay wages – timeliness
|
|
September 8, 2003
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2002-INA-233
|
Decision and Order
|
Unduly restrictive job requirement
|
|
September 8, 2003
|
2002-INA-258
|
Decision and Order
|
Unduly restrictive job requirement – business necessity
|
|
September 8, 2003
|
2002-INA-276
|
Decision and Order
|
Actual minimum requirements – alien’s qualifications for job
|
|
September 8, 2003
|
2002-INA-91
|
Decision and Order
|
Unduly restrictive job requirement
|
|
September 8, 2003
|
2002-INA-191
|
Decision and Order
|
Rejection of US workers
[Reconsideration denied, Feb. 18, 2004]
|
|
September 9, 2003
|
2002-INA-122
|
Decision and Order
|
Remand for retest of labor market
|
|
September 9, 2003
|
2002-INA-218
|
Decision and Order
|
Lack of good faith recruitment
|
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September 9, 2003
|
2003-INA-230
– 235
|
Decision and Order
|
Remand – bona fide job opportunity
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|
September 9, 2003
|
2002-INA-234
|
Decision and Order
|
Prevailing wage
|
|
September 9, 2003
|
2002-INA-157
|
Decision and Order
|
Rejection of US workers
|
|
September 10, 2003
|
2002-INA-217
|
Decision and Order
|
Bona fide job opportunity
|
|
September 10, 2003
|
2002-INA-260
|
Decision and Order
|
Prevailing wage
|
|
September 11, 2003
|
2002-INA-221
|
Decision and Order
|
Rejection of US workers – undisclosed requirement
|
|
September 11, 2003
|
2002-INA-171
|
Decision and Order
|
Unduly restrictive job requirement – business necessity
|
|
September 11, 2003
|
2003-INA-24
|
Decision and Order
|
Bona Fide job opportunity – domestic cook
|
|
September 11, 2003
|
2002-INA-99
|
Decision and Order
|
Unduly restrictive job requirements – DOT
|
|
September 12, 2003
|
2002-INA-219
|
Decision and Order
|
Lack of good faith recruitment – failure to contact applicants
|
|
September 12, 2003
|
2002-INA-242
|
Decision and Order
|
Bona fide job opportunity
|
|
September 12, 2003
|
2002-INA-94
|
Decision and Order
|
Bona fide job opportunity – domestic cook – failure to document
ability to pay wages
|
|
September 15, 2003
|
2002-INA-197
|
Decision and Order
|
Rejection of US workers – undisclosed requirements
|
|
September 15, 2003
|
2002-INA-116
|
Decision and Order
|
Bona fide job opportunity – domestic cook
|
|
September 15, 2003
|
2002-INA-108
|
Decision and Order
|
Bona fide job opportunity – domestic cook – failure to document
ability to pay wages
|
|
September 15, 2003
|
2002-INA-151
|
Decision and Order
|
Unduly restrictive job requirement – domestic cook
|
|
September 15, 2003
|
2002-INA-131
|
Decision and Order
|
Unduly restrictive job requirement – combination of duties
|
|
September 15, 2003
|
2002-INA-142
|
Decision and Order
|
Untimely rebuttal – unduly restrictive job requirement –
combination of duties
|
|
September 15, 2003
|
2002-INA-216
|
Decision and Order
|
Ability to provide full-time employment
|
|
September 17, 2003
|
2003-INA-41,53-55,
86
|
Decision and Order
|
Unduly restrictive job requirement
Lack of good faith recruitment
Alien’s qualifications
|
|
September 25, 2003
|
2003-INA-81
|
Decision and Order
|
Bona Fide job opportunity
Evidence first submitted w/ request for review
|
|
September 29, 2003
|
2002-INA-98
|
Decision and Order
|
Untimely request for review
|
|
September 29, 2003
|
2003-INA-78
|
Decision and Order
|
Ability to provide full-time employment
|
|
September 29, 2003
|
2003-INA-83
|
Decision and Order
|
Rejection of US workers – undisclosed requirements
|
|
September 29, 2003
|
2003-INA-102
|
Decision and Order
|
Lack of good faith recruitment
|
|
September 29, 2003
|
2003-INA-105-106
|
Decision and Order
|
Remand – actual minimum requirements
|
|
September 30, 2003
|
2002-INA-215
|
Decision and Order
|
Rejection of US workers
|
|
September 30, 2003
|
2002-INA-223
|
Decision and Order
|
Bona Fide Job opportunity – Domestic cook
Unduly restrictive job requirement – Live-in
|
|
September 30, 2003
|
2003-INA-85
|
Decision and Order
|
Lack of good faith recruitment
|
|
October 6, 2003
|
2002-INA-226
|
Decision and Order
|
Lack of good faith recruitment
|
|
October 6, 2003
|
2002-INA-278
|
Decision and Order
|
Unduly restrictive job requirement – business necessity
|
|
November 12, 2003
|
2002-INA-152
|
Order granting reconsideration
|
Remand for reconsideration of lack of good faith recruitment
|
|
November 17, 2003
|
2003-INA-3
|
Decision and Order
|
Lack of good faith recruitment
|
|
November 19, 2003
|
2002-INA-280
|
SIZZLERS RESTAURANT
Decision and Order
|
Failure to state grounds for appeal
|
|
November 24, 2003
|
2002-INA-301
|
C & M TREE SERVICE
Decision and Order
|
Failure to state grounds for appeal
|
|
November 24, 2003
|
2003-INA-48
|
W.J. BYRNES & CO OF LOS ANGELES, INC.
Decision and Order
|
Due process: Final Determination that merely reacts to rebuttal rather than raise a new issue
Rejection of US workers: Key duties as ground requires objective basis; fungibility of computer skills
|
|
November 25, 2003
|
2002-INA-281
|
THE GIRL'S RESTAURANT
Decision and Order
|
Lack of good faith recruitment: failure to document
|
|
December 2, 2003
|
2002-INA-290
|
JOE FURGEL AUTO PARTS & SERVICE, INC.
Decision and Order
|
Rejection of US workers: Failure to interview where resume showed reasonable possibility that applicant was qualified: unclear whether applicant had experience as an auto mechanic
|
|
December 9, 2003
|
2002-INA-295
|
FACTOR'S FAMOUS DELI
Decision and Order
|
Rejection of US workers: unstated job requirement: experience working in a deli
Lack of good faith recruitment: failure to document: making phone calls without leaving a message or alternative communication
|
|
December 9, 2003
|
2003-INA-1
|
ADACLE CARVALHO CLEANING SERVICE
Decision and Order
|
Due process: adequate notice of evidence against application does not impose duty on CO to advise that evidence submitted by an employer was inadequate to rebut NOF
Bona fide job opportunity: prior practice of utilizing the alien's services as an independent contractor
|
|
December 23, 2003
|
2002-INA-225
|
JOSE & ZENAIDA CORDERO
Decision and Order
|
Bona fide job opportunity & business necessity: live-in cook; failure to document need for live-in requirement
|
|
December 23, 2003
|
2003-INA-176
|
STAPLES, INC.
Decision and Order Granting Motion to Withdraw and Order of Dismissal
|
Withdrawal of appeal
|
