Best Consumer Protection Lawyers in West Haven, CT

Nanny Visa Appeal Win: An unfortunate part of applying for H-2B certification with the Department of Labor is that Employers are sometimes at the whim of Certifying Officers who are either having a bad day, or who are not properly trained to carry out their duties. When this happens, the Employer has the ability to appeal. The key to winning an appeal, is a strong evidentiary record. In the attached appeal win for one of my Employer clients, a BALCA judge overturned a Department of Labor certification denial for being arbitrary and capricious. In short, the Judge found it unacceptable that the Certifying Officer did not properly explain the reasons for its denial, and the Judge was able to find reasons for approving the application from the record itself, even going in so far as to praise the organization of the statement of need for the Employer. At the end of the day, this sort of victory can feel hollow for Employers, because they may still be barred from getting a new worker through the H-2B process, which is capped at the issuance of 33,000 visas. But, it can still bring in returning workers, and create new "case law" that can assist the Employer and other Employers in the process with future cases. Here the Judge was able to provide some good case law for nanny applicants.