Denials of applications for foreign labor certification are subject to appeal to the Department of Labor's Board of Alien Labor Certification Appeals (BALCA). BALCA is part of the DOL's Office of Administrative Law Judges. The ALJ's office has prepared a Judges' Benchbook that contains summaries of existing administrative law on various aspects of foreign labor certification

Prohibition on Unduly Restrictive Job Requirements

• General Overview and Purpose
• Preliminary finding that requirement is unduly restrictive
• Challenge to job itself
• Business necessity, generally
• Foreign language requirements

Prevailing Wage

• Generally
• Requirement that wage offer is proper for job described
• "Area of intended employment"
• Fringe benefits
• Wages expressed in ranges
• Persuasiveness of evidence