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ANALYSIS OF SELECTED RECENT BALCA …

ANALYSIS OF SELECTED RECENT BALCA DECISIONS AS. PRACTICE POINTERS TO AVOID PERM DENIALS. by Cyrus D. Mehta *. The Board of Alien Labor Certification Appeals ( BALCA ) has been incredibly busy issuing a number of decisions. BALCA will be issuing decisions with even greater frequency as it is adding two more panels comprising three administrative law judges each. 1 The current time for BALCA to render a decision is taking about six months, which is a sea change from the RECENT past when the average time for a BALCA appeal was two years or more. It is important for practitioners to stay abreast of these decisions as they offer interesting insights into how to avoid some of the pitfalls in preparing and filing a Program Electronic Review Manage- ment (PERM) application.

ANALYSIS OF SELECTED RECENT BALCA DECISIONS AS PRACTICE POINTERS TO AVOID PERM DENIALS 3 “Employer will accept a three year bachelor’s degree and three years of experience as being equivalent to one year of college?” Clearly, if the employer does not include what it means by an equivalent degree on the

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