Immigration Law

BALCA on Advertising: Matter of Gallup McKinley County Schools

Matter of Gallup McKinley County Schools, Oct. 3, 2017 - "The Employer has established that the Navajo Times is an appropriate paper for the job opportunity. The teaching position will entail working primarily with Navajo Indian children and the Navajo Times focuses its coverage on the Navajo Indian community. It is reasonable to conclude that an advertisement in the Navajo Times is an appropriate method to recruit for teachers at a school with many Navajo Indian students. Furthermore, while the advertisement was distributed in locations other than Gallup, the record establishes that the advertisement was also included in the version of the paper distributed in the geographic area of intended employment. The Employer did not violate the regulations by advertising in the Navajo Times. ORDER Based on the foregoing, IT IS ORDERED that the denial of labor certification in this matter is REVERSED and that this matter is REMANDED for certification pursuant to 20 C.F.R. § 656.27(c)(2)."

[Hats off to Todd Irwin!]