Business Immigration Insights

Since the start of the COVID-19 pandemic, US immigration agencies have continued offering minor, but welcome, accommodations to individuals affected by COVID-19 who rely on immigration programs. While there are no groundbreaking changes, here is a roundup of the most notable changes in the last two months.

The U.S. Department of Labor’s Board of Alien Labor Certification Appeals (“BALCA”) determines employers’ appeals of prevailing wage determinations and labor certification (“PERM”) denials during sponsorship of foreign nationals for employment-based green cards.  In a recently decided case, BALCA upheld a PERM denial because the employer failed to interview a potentially qualified U.S. worker during the mandatory labor market test for the sponsored position.  BALCA said that employers have a duty to investigate further when the resume raises a "reasonable ...