Use this button to switch between dark and light mode.

BALCA on PERM Web Ads: Matter of VLS IT Consulting

April 28, 2016 (1 min read)

Matter of VLS IT Consulting, Inc., Apr. 26, 2016- "In this case, the Employer’s website advertisement failed to specify the job’s location. When reviewing a similar advertisement, a previous panel determined that, “[a]lthough a statement of the location of the employment might have been useful information for job seekers, its omission does not support a determination that the job opportunity was not clearly open to U.S. workers.” DGN Technologies Inc., 2012-PER-1647 (Feb. 25, 2016). We agree with this reasoning. Furthermore, documentation in the audit response establishes that the Employer’s address was listed on other sections of the website. (AF 57). When relevant information on a website advertisement is “a simple mouse click” away, denial of certification is not supported by the regulations. Dr. Deza’s Dental Office, 2010-PER-113 (Feb. 11, 2011). ... 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)."

Tags: