BALCA Affirms CO’s Denial Where Beneficiary Has an Ownership Interest in Closely Held Company

The Board of Alien Labor Certification Appeals (BALCA) upheld a Certifying Officer’s denial of an  Employer’s Application for Permanent Certification due to the fact that the beneficiary and her husband each had a 50% ownership interest in the sponsoring entity. The CO stated that when an employer is a closely held corporation in which the alien has an ownership interest or a familial relationship with the stockholders, officers, incorporators, or partners, and is one of a small number of employees, a presumption exists that the job opportunity is not open and available to U.S. workers, which is in violation of 20 CFR §656.10(c)(8).

Rachel is an intern with the firm and is not a practicing attorney.

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About ABCs of Immigration Law
The global economy has become increasingly transactional and transcontinental. Since 9/11, there have been many amendments to immigration laws in the United States that have largely affected both individuals and businesses. Cozen O'Connor's immigration law blog, ABC's of Immigration Law, focuses on the interests and the challenges faced by those individuals and business impacted by immigration laws.
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