Judges' Benchbook: Alien Labor Certification
Office of Administrative Law Judges
United States Department of Labor
Second Edition - May 1992
CHAPTER 16 -- SUPPLEMENT
Supplement current through January 1997NEW APPLICATIONS
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TABLE OF CONTENTS
I. Waiting period for reapplication
I. Waiting period for reapplication
Employer violated § 656.29(a) where it failed to wait the required six months before filing a second application involving the same alien and position. The panel did not accept Employer's contention that the second position, Information Portfolio Manager, was different than the first position, listed as Treasury Analyst, since both required the same experience and included the same job duties, albeit the Treasury Analyst position was listed with more general duties of monitoring rather than managing client portfolios. The panel concluded that this slight difference and the slight difference in salary was insufficient to document that the second position was a different job. Republic Overseas Banks Holding , 94-INA-29 (Dec. 21, 1994).