BALCA on ads placed by private employment firms: Matter of World Agape Mission Church

"[A]n advertisement placed by a private employment agency as part of its recruitment is different than one placed directly by the Employer to fulfill a recruitment step. This distinction has been recognized by another BALCA panel that found that the requirements of 20 C.F.R. § 656.17(f) do not apply to advertisements placed by private employment firms. HSB Solomon, 2011-PER-2599 (Oct. 25, 2011). We agree. ... In the instant case, the advertisement lists the job title, a description of the job duties, the experience and educational requirements, and the fact that it is a full-time position. It also lists a job number, which matches the job number listed in the letter from the employment firm certifying its recruitment efforts, allowing the CO to match the listing to the firm’s recruitment for the job opportunity even without the inclusion of the Employer’s name in the advertisement. Thus, based on the whole of the documentation submitted, we find that the Employer has shown its use of a private employment firm to recruit for the job opportunity. Further, the advertised position was clearly open to U.S. workers. As we have found neither reason for denial given by the CO is valid, we accordingly reverse the CO’s denial of certification and remand the matter for the CO to grant certification." - Matter of World Agape Mission Church, Mar. 23, 2012.