Is there a way to appeal a Certifying Officers negative decision?
Yes. Employers (and only employers) will have 30 days to file a request for review with the Board of Alien Labor Certification Appeals (BALCA). Thats an increase from the 21 days called for in the proposed rule (and this is consistent with the increase from 21 days to 30 days in various other places in the final rule). But unlike the current system, BALCAs authority to remand a case to a Certifying Officer for further consideration or fact-finding and determination has been eliminated.
