BALCA on Familial Relationship: Matter of Tyrrell Limited

Matter of Tyrrell Limited, Oct. 21, 2016- "While a familial relationship between an alien and an employer creates a presumption that a job is not clearly open to U.S. workers, the presumption is not so stringent as to be insurmountable. Even though the mother of the Alien in this case owns the Employer, a review of the totality of the circumstances leads us to find that the job opportunity was open to U.S. workers. Despite good faith recruitment efforts, the Employer did not receive any other applications for the position, was diligent in its recordkeeping, and forthright in its disclosures to the CO. Accordingly, we reverse the CO‟s determination on this denial ground."