On August 28, 2014, the Board of Alien Labor Certification Appeals (BALCA) issued a decision finding that an employer’s name must be explicitly stated on the Notice of Filing that must be posted at the workplace where the Beneficiary of the Labor Certification will work. In Matter of Tera Technologies, Inc., the employer had used the phrase “Our Company” on its notice of filing. The Department of Labor’s Certifying Officer found that this did not meet the regulatory requirement that the employer explicitly state its name on the Notice of Filing. Although the employer argued that all employees who saw the Notice would know that it was for their company because the phrase “our company” was used and the employees knew the contact person listed on the Notice, BALCA held that the Certifying Officer was correct in denying certification.
This decision serves to highlight the extremely strict nature of the recruitment requirements with which an employer must comply when filing a PERM Labor Certification.
