It’s not always easy to find the right woman or man for the job, so when you do and he or she doesn’t have U.S. citizenship or a green card, it can be particularly frustrating. According to Foley & Lardner’s Roy Barquet, sometimes hiring a foreign employee is the only “feasible” option for a company. However, this doesn’t mean it’s easy to prove to the U.S. Department of Labor.
Barquet says there may be some good news for employers that are vying to keep foreign nationals on staff. He says a recently issued “employer-friendly” decision from the DOL’s Board of Alien Labor Certification Appeals (BALCA) outlines the standard that employers must demonstrate to show that it’s not practical to train a domestic U.S. worker for the same job.
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