BALCA reversed the Certifying Officer’s denial and remanded the matter for certification where DOL had faulted the employer for not listing a relocation requirement in recruitment advertising and on the ETA Form 9089 for a position with a primary work site “and various unanticipated locations throughout the U.S.” The employer had relied on the 1994 Barbara Farmer Memo, which BALCA agreed makes no distinction between travel and relocation. BALCA further opined that it was not fundamentally fair to require that the possibility of relocation be specifically disclosed in the advertisement and application in absence of notice or guidance, particularly when the organized immigration bar has been pressing OFLC for years to clarify issues related to “roving” employees.
BALCA Reverses Denial due to due process
Related Posts
OFLC Announces Permanent Issuance of Electronic PERM Labor Certifications
The DOL Office of Foreign Labor Certification (OFLC) is permanently adopting electronic issuance of PERM labor certifications to employers. In circumstances where employers submit PERM applications by…
USCIS Announces It Will Accept Refiling of Rejected Forms I-140 with E-Certification or Electronically Reproduced Signatures
After rejecting some Forms I-140 that included e-certified ETA-9089s or blue ETA-9089s with electronically reproduced signatures, USCIS announced that it will ask petitioners to resubmit their Form…
Covid 19 and PERM
The DOL OFLC announced that tomorrow, the Atlanta National Processing Center will begin issuing PERM labor certification documents electronically. AILA’s PPC has gathered a variety of practice…
Covid 19 Status at Facilities
The DOL OFLC announced that tomorrow, the Atlanta National Processing Center will begin issuing PERM labor certification documents electronically. AILA’s PPC has gathered a variety of practice…
DOL Will Only Accept Electronic Filings of Form ETA 9141 via FLAG System’
As of today, DOL only accepts electronic filings of Form ETA 9141, Application for Prevailing Wage Determination, through the new Foreign Labor Application Gateway (FLAG) System. Furthermore,…