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.