BALCA Cites Mail System, Delivers Firm A 2nd Chance

Law360, New York (July 28, 2016, 3:57 PM ET) — The Board of Alien Labor Certification Appeals gave Jerhel Plastics Inc.’s another chance on its denied application for permanent employment certification for a computer programmer position, saying Tuesday the certifying officer had wrongly presumed that an audit notification letter in the case was actually delivered to the company.

In a three-page order, BALCA noted that failure to respond to an audit is grounds for denying certification, but said the certifying officer in this case is not entitled to a presumption of delivery of mail sent by…

Source: Law360