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Immigration Law - Houston

BALCA Issues Decision on Documentation of Recruitment for Professional Positions

The Board of Alien Labor Certifications (BALCA) issued a new decision clarifying the regulations on recruiting steps for professional positions at 20 CFR 656.17(e)(1)(ii)(D) (participation in a Campus Career Fair) and (e)(1)(G) (Posting an ad in a college campus career placement office). In Matter of MICRON TECHNOLOGY, INC, the PERM Labor Certification filed by the employer was originally denied by the Department of Labor because the DOL found that the employer did submit sufficient documentation of two of its recruitment methods: On Campus Recruiting and Campus Placement Office Advertising.

The DOL determined that the employer’s print-out from its website advertising a career fair at Iowa State University for September 23-24, 2008 did not contain confirmation from the college that the career fair actually took place, so on-campus recruiting was not sufficiently documented. The DOL also held that an email from a university placement office verifying that a job vacancy for “Senior Design Verification Engineer” was posted and was currently “live” was not sufficient to prove that an a notice of the job opportunity was available at the campus placement office because the email did not specify what information regarding the job opportunity was provided to the placement office. Thus, the PERM Labor Certification was denied.

The employer appealed, arguing that since the regulations on these two forms of recruitment state that recruitment “can be documented by” providing particular documentary evidence. The employer argued that this language is suggestive rather than than serving to strictly outline what must be provided. Thus, its submissions were sufficient to document these two forms of recruitment. BALCA agreed and directed the Department of Labor to certify the PERM Labor Certification.

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