When Hiring a Foreign Employee May Really Be the Only Feasible Option

The Board of Alien Labor Certification Appeals of the U.S. Department of Labor , otherwise known as the BALCA , recently issued an employer-friendly decision that contemplates how an employer can demonstrate it is not feasible to train a U.S. worker for a permanent employment position processed through the DOL's Program Electronic Review Management System, commonly referred to as "PERM," to obtain a DOL-certified labor certification. A labor certification is a process whereby an employer tests the U.S. labor market to determine whether domestic workers are able, willing, qualified and available to perform the duties a specific occupation in lieu of the necessity of permanently employing a foreign national in the occupation.



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