BALCA on Section K: Matter of Sony Computer Entertainment America

"The Certifying Officer (“CO”) denied certification on the ground that the Employer had not shown in Section K of the Form 9089 that the Alien possessed the experience with linear algebra or computer architecture. ... 

... By submission received by the Board on March 9, 2015, the Employer filed a “Motion to Remand to USDOL” citing AILA Minutes of the OFLC Quarterly Stakeholder Meeting” dated September 12, 2014, AILA InfoNet Doc. No. 14102141 (posted 10/21/14), in which Office of Foreign Labor Certification representatives are reported to have stated an intention to reverse denials that were based solely on the ground of non-experience based qualifications not being listed in Section K of the Form 9089, provided that the Employer filed its application prior to July 28, 2014. ... 

... Based on the foregoing, IT IS ORDERED that the denial of certification in the above-captioned matter is VACATED and that this matter is REMANDED to the CO for further processing consistent with the above."

- Matter of Sony Computer Entertainment America, Aug. 20, 2015.  [Hats off to A. James Vásquez-Azpiri!]