BALCA Ruling Clarifies PERM Certification Requirements for Employers

Sat, 30 May 2026 00:00:00 +0000

The Board of Alien Labor Certification Appeals (BALCA) recently vacated a denial of PERM certification for an Architectural Designer position, clarifying the application of the ‘actual minimum requirements’ rule. The case, In re Prowork Pacific, Inc., BALCA Case No. 2025-PER-00073, was decided on May 27, 2026, after the Certifying Officer denied certification based on the belief that the foreign worker’s skills were solely acquired through employment with the sponsoring employer.

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BALCA Ruling Clarifies PERM Certification Requirements for Employers