BALCA on recruitment via private employment firm

BALCA on recruitment via private employment firm

"Where there is no incorrect information, but the advertisement does not contain the content required by Section 656.17(f), it is necessary to engage in a more fact-specific inquiry of the advertisement to determine whether the omission contravenes the employer’s duty to recruit in good faith or whether it prevents the job opportunity from being clearly open to U.S. workers. Limited to the precise facts of this case, we find that the fact that the Employer’s name was not included in the advertisement placed by the private employment firm is not fatal to the Employer’s application.  ...  Based on the foregoing, IT IS ORDERED that the CO’s determination is REVERSED and labor certification is hereby GRANTED." - Matter of HSB Solomon Associated LLC, Oct. 25, 2011.