On 11 October 2011, the American Immigration Lawyers Association (AILA) submitted an amicus curiae brief to Department of Labor Board of Alien Labor Certification Appeals (BALCA), requesting that BALCA affirm the 656.40(c) ruling in Matter of Horizon Computer Services. The brief notes that interpretations of 20 CFR 656.40(c) have varied and conflicted over time and that a definitive interpretation is necessary. AILA contends that the Certifying Officer's (CO) ruling in Matter of Karl Storz Endoscopy-America fails to acknowledge the intent of the rule's drafters that an employer may rely on a prevailing wage determination (PWD) if it initiates at least one of the recruitment steps during the validity period of the determination. AILA requests that BALCA clarify that Horizon Computer Services is the only decision that interprets the regulation, and rule that the CO's requirement that the employer's first recruitment step be initiated during the PWD validity period was in error.