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Last year, BALCA released an en banc decision in Symantec Corp, 2011-PER-01856 (July 30, 2014), finding that advertisements placed to comply with the PERM additional recruitment steps did not need to comply with the content requirements found for mandatory advertisements (newspaper advertisement). For background information, please visit my previous blog post: BALCA is Fair, Who Knew?! 

In a recent decision, Matter of Computer Sciences Corp., 2012-PER-00642 (July 09, 2015), BALCA applied Symantec Corp. to reverse the Certifying Officer’s denial of the PERM application. In this case, the Employer received an audit notification to which it responded with all required documentation. Continue reading

When an employer files a PERM application on behalf of a beneficiary, certain documentation must be maintained, including a document called a Recruitment Report (RR). This RR must contain, among other things, the employer’s lawful reasons for rejecting U.S. workers who applied for the position. If a case is audited after the PERM application is filed, the employer will have to submit this document to the Officer assigned to the case.

With this in mind, I would like to tell you about a case that was recently decided by the Board of Alien Labor Certification Appeals (BALCA) (This Board handles PERM denials). The case is called, Matter of Presto Absorbent Products, Inc, 2012-PER-00775 (5/26/15). Continue reading