Immigration Law

Five Years Later, A PERM Victory at BALCA: Matter of Marlabs, Inc.

Matter of Marlabs, Inc., Nov. 9, 2017 - "On May 17, 2012, Employer filed an Application for Permanent Employment Certification (“Form 9089”) sponsoring the Alien for permanent employment in the United States in Piscataway, New Jersey, for the position of “Software Developers, Applications,” Standard Occupational Code 15-1132. ... the CO concluded “the mere assertion that a candidate does not have a Bachelor’s degree is not sufficient to reject the candidate without additional information” because Employer stated it would accept any suitable combination of education, training, and/or experience. (AF 1). In addition, the CO determined Employer’s statement that Applicant B.B. did not meet the minimum requirements was not specific enough to determine whether Employer rejected the applicant for a lawful, job-related reason. ... Employer also included specific reasoning as to why Applicant B.B. was rejected, i.e., lack of a Bachelor’s degree. (AF 136-137, 285-286). Yet, the CO concluded that regardless of Applicant B.B.’s lack of a Bachelor’s degree, Employer required additional supporting documentation before rejecting the applicant because it indicated it was willing to accept any suitable combination of education, training, and/or experience. (AF 1). We disagree with the CO because there is no reasonable possibility that the applicant met Employer’s job requirements based on his resume alone. Applicant B.B.’s resume is silent for a major requirement, i.e., a college degree. Additionally, the applicant has no relevant experience, and he does not have any training in the job opportunity. . As a result, we conclude Employer rejected Applicant B.B. for a lawful, job-related reason. Therefore, we reverse the CO’s denial of certification."

[Hats off to Cora-Ann V. Pestaina, Esquire, Cyrus D. Mehta & Partners, PLLC!]