The Board of Alien Labor Certification Appeals (BALCA) reversed the denial of a labor certification, where the Certifying Officer (CO) denied certification as the recruitment advertisements did not contain both the primary and alternate requirements as listed on Form ETA 9089. The CO denied certification on the grounds that the employer’s recruitment advertisements only listed the primary requirements and as such the job posting did not provide U.S. workers a sufficient understanding of the job opportunity to make an informed decision.
BALCA reversed the CO’s decision. Instead, BALCA held that the employer’s recruitment advertisements contained sufficient information regarding the requirements for the position and further did not overstate the actual minimum requirements. Indeed, BALCA held that as the employer only listed the generic requirement of “24 months of experience” the advertisements were in compliance with the regulations. Furthermore, BALCA reaffirmed that it is unwilling to hold that a job opportunity is not clearly open to U.S. workers when an employer’s advertisements merely omit information, but do no overstate the minimum requirements.
CITATION: COSMOS FOUNDATION, INC., 2012-PER-01637 (Aug. 4, 2016).