Practice Areas

The Many Faces of Stern Elkind Curray & Alterman LLP

Since 1985,Stern Elkind Curray & Alterman has limited its practice to immigration law, with a special emphasis on matters relating to the employment of foreign professionals. Mr. Stern and Ms. Elkind founded the firm with the goal of providing the very best immigration advice and representation to our clients. As the firm has grown, we have continued our commitment to maintaining a high level of expertise combined with an understanding that our clients are individuals whose lives are deeply affected by the work we do. Over the years, we have developed expertise and wide-ranging experience in all facets of immigration law.

We continue to be deeply affected by our clients, some of whom are introduced within this web site.

BALCA Issues Favorable Decision in First PERM Case

July 21, 2006

The Board of Alien Labor Certification Appeals (BALCA) recently rendered its decision in Matter of HealthAmerica, BALCA Case No: 2006-PER-1. The decision is solidly in favor of the Employer, holding that failing to reconsider clear evidence of recruiting, when a typographical error on the form indicated that an advertisement had been placed on the wrong day, was "an abuse of discretion."

In the case, the form ETA-9089 was completed incorrectly, and a typographical error indicated that some of the required advertising had been done on a Monday, rather than on a Sunday as required by the regulations. BALCA found that "denial of the application based on the typographical error in the Form 9089 elevates form over substance." The decision also gives helpful guidance on adjudicating Motions to Reopen, and emphasized that the Department of Labor must follow its own procedures in promulgating new rules by which to adjudicate PERM applications. This important decision should ensure that a consistent approach, based in the Department's regulations, is followed on future PERM applications and motions.

Request a Consultation

News