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BALCA Determines College Prep School Posting Does Not Satisfy On-Campus Recruitment Requirements

BALCA upheld the Certifying Officer’s denial, holding that advertisements posted at a college preparatory school constituted in-house advertisement and not on-campus recruitment at a college or university, and thus did not satisfy the professional pre-filing recruitment requirements of 20 CFR §656.17(e)(1)(ii)(A)–(J).

Prevailing Wages for Academic Physicians

University professors who have clinical duties may be eligible for permanent residence through a PERM labor certification application based on special handling with limited special recruitment; a hybrid PERM using basic recruitment; or a Schedule A, Group II, application.

BALCA Finds PERM Received Two Days After Recruitment Expired Was Timely Submitted

Where recruitment expired on a Saturday but the PERM application filed by mail was not received until Monday, BALCA overturned the Certifying Officer’s denial of the labor certification, finding that sufficient documentation was submitted to prove the date of mailing, and thus that the PERM application was timely filed.

BALCA Upheld SR Denial Where Employer Claimed Notice was Not Received

BALCA affirmed the denial of a labor certification undergoing supervised recruitment (SR) where the employer claimed it did not receive the revised draft advertisement. BALCA noted that the record did not reflect a change of address for the employer or attorney during the relevant time period. Further, the correction letter was addressed to the same mailing address for the employer and attorney as the notification and the denial, which were received.

BALCA Affirms Denial Where Employer’s Agent Signed Recruitment Report

BALCA upheld the denial of the labor certification where the recruitment report was signed by an agent, rather than the employer, in direct violation of 20 CFR §656.17(g)(1), which requires either the employer or its representative to sign the recruitment report.

PERM’s must be prepared properly

Approximately 30 percent of all PERM cases are audited, and half of those cases are denied. Thus, you should make sure the PERM is professionally prepared.

BALCA overturns denial of Labor Cert

BALCA overturned the Certifying Officer’s denial and ordered that the labor certification be granted, holding that Notice of Filing (NOF) regulations only require the NOF to contain information specific enough to apprise U.S. workers of the job opportunity, and do not require employers to run advertisements enumerating every job duty, job requirement, and condition of employment.

More PERM Reversals

  1. BALCA reversed the denial of the labor certification pursuant to its holdings in Matter of Chabad Lubavitch Center and Matter of Symantec Corporation. The Certifying Officer had denied the employer’s PERM application solely because the State Workforce Agency (SWA) job order and website posting did not state the geographic location with enough specificity to apprise applicants of travel requirements. BALCA held that this type of recruitment was not subject to 20 CFR §656.17(f).

Good decision from BALCA

BALCA vacated the Certifying Officer’s (CO) denial of the employer’s application for labor certification and remanded, holding that the employer verified sponsorship upon signing the statement certifying the conditions of employment on the mailed-in application, even though the CO could not confirm the sponsorship because the CO was unable to make contact with the employer.

Don’t make small mistakes on PERM

  1. BALCA affirmed the denial of certification where the employer incorrectly entered the prevailing wage validity period on the ETA Form 9089 as less than the minimum 90 days required by 20 CFR §656.40(c). BALCA rejected the employer’s argument of harmless error, even though the prevailing wage determination issued by the State Workforce Agency did not include specific validity dates, and only indicated a validity period of “90 days from the date of this determination.”
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