The DOL’s Board of Alien Labor Certification Appeal (BALCA) recently issued a decision expanding the advertising sources for Universities filing PERM applications for their college and university teachers through the optional special recruitment procedure. In the optional special recruitment procedure, an employer must document that the foreign national that was selected for the job opportunity through a competitive recruitment and selection process. The DOL’s regulations require that the competitive recruitment and selection process include at least one advertisement placed in a national professional journal. The DOL has previously indicated in its Frequently Asked Questions (FAQs) that employers may not use an electronic national professional journal to satisfy this requirement. Instead, the DOL has stated that employers must use a print publication. However, BALCA disagreed with the DOL because it stated that the DOL may not impose a new requirement on employers that is not supported by the PERM regulations. Additionally, BALCA stated that the DOL has provided no rationale or explanation as to why an electronic professional journal is somehow inadequate to advertise positions. Therefore, BALCA determined that the DOL abused its discretion by denying a PERM application on the basis that the national professional journal which the employer placed its advertisement was only available electronically.