H1B Visa Lawyer Blog
The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Battery Engineer.”
The CO denied the application stating that the Employer’s web posting did not identify the job location. He cited it was in violation of PERM regulation 20 C.F.R. 656.17(f). PERM regulation 20 C.F.R. 656.17 (f) requires that an advertisement must indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity.
The Employer requested a review of the CO’s denial stating that the company conducted four additional recruitment steps rather than just the three that are required. In the recruitment process, they posted the position on a job search website, advertised in a local newspaper, advertised through their employee referral program, and posted the job position on their company website.
The Employer argued the location of the employment could be found on their website and they had only one geographic location. As proof, the Employer presented documentation to show that its location was completely revealed on its “Contact Us” page.
The CO forwarded the appeal to BALCA for review of the case. Upon review, it was ordered that “the denial of labor certification in this matter be reversed & remanded for certification.” BALCA cited the following reason for its decision. “Even though the Employer’s advertisement on its own website did not comply with the regulations, the Employer conducted three additional recruitment steps that are in compliance.”