IMMIGRATION APPEALS OF LABOR CERTIFICATION DENIALS

Most employment-based green card petitions in the United States must be supported by an approved "labor certification" from the Department of Labor (DOL). The labor certification process requires that the petitioning employer comply with a series of recruitment steps to seek out an available, willing, and qualified U.S. worker prior to hiring a foreign worker.  A labor certififcation confirms that no qualifying U.S. worker could be found, and allows the employer to proceed with sponsoring the foreign worker.

The labor certification process is long, tedious, and fraught with opportunity for error. The complexities are such that the DOL is known to erroneously deny labor certification applications, even when the sponsoring employer has committed no error. Frequently, the DOL misreads the regulatory requirements, adding in additional steps that are not required or deeming historically accepted labor certification practices inadequate for no good reason. A labor certification denial can derail plans for both the sponsoring employer and the foreign worker the company seeks to sponsor for permanent residence.

Fortunately, an appeals process exists for erroneously denied labor certification petitions.  Labor certification appeals are made to the Board of Alien Labor Certification Appeals (BALCA). An attorney handling a BALCA immigration appeal should be exceptionally detail oriented, analytically minded, a highly skilled writer, and familiar with immigration appeals.  

As an experienced immigration attorney and former legal adviser and brief writer at the Department of Justice, Jered Dobbs is intimately familiar with the theory and practice of appellate law in the immigration context. He has been described by colleagues as possessing "brilliant analytical skills" which "make him a formidable appellate immigration lawyer."  Mr. Dobbs prides himself on the quality of his apellate work, and is ready to help companies in the labor certification appeal process.  If you need to appeal a labor certification denial,   contact the Law Office of Jered Dobbs today.
"Appeal. In law, to put the dice into the box for another throw."
-Ambrose Bierce