If that’s the case, you want Rod Wada’s articles on Shaping The Way forward for PERM: BALCA Highlights. Ron writes:
“This collection of articles summarizes notable choices of the Board of Alien Labor Certification Appeals (BALCA) issued throughout the first two quarters of 2024. The quantity of BALCA choices issued continues to be drastically diminished from prior years, apparently partially as a result of a drastic discount within the variety of appeals being filed with BALCA,1 although this
clarification doesn’t adequately clarify why the instances now being determined have been sitting within the BALCA queue for 3 years or extra. The reported decline within the variety of appeals being filed appears to have an apparent trigger, specifically, that when the queue stretches to three, 4 and even 5 years, solely essentially the most drastic circumstances will justify the funding in an attraction that can languish for years. This installment of Shaping the Way forward for PERM presents highlights of BALCA choices issued throughout the first and second quarters of calendar 12 months 2024. The choices reported on this article may even be reported in context in recurrently scheduled updates to Chapter 44, Labor Certification, within the treatise Immigration Law and Procedure.2
1 See “BALCA Briefings by Harry Sheinfeld,” AILA Doc. No. 18110602 (Oct. 5, 2022)(“Board filings proceed to fall—from 174 in 2020, to 122 in 2021, to 106 within the first 11 months of 2022.”). It appears doubtless that the colossal backlog in pending BALCA appeals (as much as 4 years) that had constructed up was a significant component in discouraging employers from submitting appeals.
2 Charles Gordon, Stanley Mailman, Stephen Yale-Loehr & Ronald Y. Wada, Immigration Law and Procedure. Immigration Legislation and Process is a twenty-one-volume ‘‘bible’’ of immigration regulation that has been cited in over 400 federal courtroom choices from throughout the district courts, via the courts of appeals, and together with the Supreme Court docket.”
You’ll discover Ron’s articles ONLY in Bender’s Immigration Bulletin! It is free if you happen to subscribe to the Treatise, or name (866) 941-6780 to subscribe as a stand-alone.
