In In the Matter of Golman Sachs & Co. (June 2012), the Board of Alien Labor Certification Appeals (BALCA) denied a PERM because the employer failed to contact applicants to determine whether they may have been qualified for the position offered. The employer had received 35 applicants for a Financial Analyst position, but did not contact any of the applicants for an interview. BALCA denied the PERM, stating that the resumes of two of those applicants merited a closer look, and noting that the employer had a duty to reach out to promising applicants to determine whether they were, in fact, qualified for the job.
This case serves as a valuable reminder that your analysis of a candidate shouldn't end just because his or her resume doesn't explicitly meet the PERM minimum qualifications. Rather, if the resume shows a broad range of experience, education and training that raises a reasonable possibility that the applicant is qualified for the position, you are obliged to further investigate the applicant's credentials. (This usually involves conducting a telephone or inperson interview to determine if the applicant truly is qualified for the position). While this extra investigative step takes additional time and effort, it can go a long way towards ensuring that your PERM case is ultimately approved.