In Demos Consulting Group, 2007-PER-00020 (May 16, 2007), the Board of Alien Labor Certification Appeals (BALCA) considered whether a PERM labor certification application was in violation of 20 C.F.R. § 656.17(h)(4). This statute provides that alternative experience requirements must be substantially equivalent to the primary requirements, and that if the alien is already employed by the employer seeking certification, but does not meet the primary job requirements and only potentially qualifies for the job based on the employer’s alternative requirements, “certification will be denied unless the application states that any suitable combination of education, training, or experience is acceptable.” In this case, the employer argued that it was not required to state a willingness to accept applicants with any suitable combination of education, training, and experience, because the Alien met the primary requirements. However, when the employer described the Alien’s qualifications, it established only that the Alien satisfied the alternative requirements. BALCA looked at the ETA’s responses to notices and comments in the preamble to the final PERM rules, and concluded that the statute was clearly intended to implement the pre- PERM Francis Kellogg ruling, which held that if the alien only qualifies because of the employer’s choice of alternative job requirements, those requirements are unlawfully tailored to the alien’s qualifications unless the employer indicates that “applicants with any suitable combination of education, training or experience are acceptable.” BALCA compared the job requirements at issue with the Alien’s background and confirmed that the Alien only qualified for the position through the employer’s alternative experience requirements, which had clearly been tailored to his qualifications. Since the employer had not stated that any combination of education, training, and experience would be acceptable, the application was denied.