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Posted on 20 Sep 2010
Q.

BALCA Review

My PERM case was recently denied and my attorney filed a request for reconsideration. My understanding was that if DOL admits their mistake they will approve the case in 3-4 months but if they don't the case gets forwarded to BALCA. We have heard nothing from DOL since we filed the request for reconsideration, except that my case status is now showing as pending. Now my attorney is saying that we cannot pursue an appeal with BALCA as that will require attorney representation. According to her an appeal to BALCA will cost the employer money. Is that correct? I am confused because from what I have seen every case that gets denied and then the certifying officer doesn’t overturn the reason for denial is forwarded to BALCA.I thought BALCA was a board within DOL and not a court.Is that correct?

User's Location: Birmingham, Alabama, United States of America
Category: Employment-based Green Card
Posted on 20 Sep 2010
A.
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User_thumb_100_Photo_Dimitar_Michailov

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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