BALCA Review of the PERM Denial

Board of Alien Labor Certification Appeals (BALCA) is an administrative appellate body within the U.S. Department of Labor (DOL) that handles appeals related to labor certification denials and certain other labor-related immigration matters. Specifically, BALCA primarily deals with appeals related to the Permanent Labor Certification (PERM) program.

When an employer receives a denial of their labor certification application, whether is the initial decision or a reconsideration, they can appeal the decision to BALCA. Upon receiving a PERM appeal BALCA reviews it to determine whether the CO’s decision was consistent with the relevant laws, regulations, and guidance.

The appeal process with BALCA typically involves submitting legal briefs and documents outlining the employer’s position and arguments for why the denial should be reversed. BALCA may also request additional information or documentation from both the employer and the DOL.

The decisions made by BALCA are considered final administrative decisions within the DOL. However, if an employer disagrees with the decision, they can further appeal the case to federal courts if they believe there was a legal error in the administrative process.

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