The Board of Alien Labor Certification Appeals (BALCA) upheld the denial of a labor certification, where the Certifying Officer (CO) denied certification on the grounds that the employer failed to provide adequate documentation of mandatory print advertisements as required by the CO’s audit notification. Instead of providing tear sheets or copies of the required newspaper advertisements, the employer only provided email correspondence with the newspapers regarding a quoted fee to run the advertisements. Although the emails did confirm that certain advertisements would be placed, the documentation provided to the CO did not verify the dates of publication, as well as, confirmation that the employer paid for the advertisements.

BALCA held that although the employer is not required to provide tear sheets or copies of an advertisement to prove that recruitment was completed, alternative documentation must be reasonably equivalent to the types of documentation expected by the regulations. As the documentation provided by the employer did not confirm the dates of publication and further did not provide objective proof that the advertisements were actually paid and placed, such documentation was inadequate. Instead, BALCA reaffirmed the requirement that it is the employer’s responsibility to provide the CO with evidence that demonstrates that required recruitment advertisements were placed, such as tear sheets, a publisher affidavit or reasonably equivalent documentation.

CITATION: HUMETIS TECHNOLOGIES, INC., 2012-PER-02098 (Aug. 4, 2016).