During the first step of the “green card” process, an employer is required to post a “Notice of Filing” announcing their intent to file a labor certification. On August 28, 2014, the Board of Alien Labor Certification Appeals (BALCA) held that an employer’s name must be explicitly stated on the Notice of Filing. In Matter of Tera Technologies, Inc., the employer argued that it complied with the regulations, because it used the phrase “our company” on its notice and that should have been sufficient to provide notice. BALCA declined to accept the employer’s argument or prior decisions utilizing the equitable exception and affirmed the PERM’s denial. To read the decision, please click here.
“Our company,” instead of Employer’s Name, on PERM Notice Proves Insufficient
Marks Gray P.A.