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Immigration Law

BALCA on Rejection of U.S. Worker: Matter of Federal Home Loan Mortgage Corp.

"The Employer argues the laid-off worker’s Economics degree is not substantially equivalent to a degree in Computer Science, Finance, or Accounting. ... While the CO provides no data or information specific to the University of Rochester’s degree programs to support his contention, we need not decide whether the Employer or CO is correct on this particular issue, as it is clear the laid-off worker lacks the required experience and skill with the Employer’s specified financial accounting and modeling programs. ... The Employer has shown that it evaluated the laid-off worker against the minimum qualifications it provided on its ETA Form 9089 and that it rejected the laid-off worker for lawful, job-related reasons. Accordingly, we reverse the CO’s denial of certification." - Matter of Federal Home Loan Mortgage Corp., Feb. 10, 2014.  [Hats off to Jim Alexander!]