"Based on the foregoing, we find that the Employer’s NOF does not contain a job requirement that exceeds that which is on the ETA Form 9089, because it is clear within the overall context of the advertisements that not all of the Support Engineering positions...
"On February 4, 2010, the Employer filed an Application for Permanent Employment Certification (ETA Form 9089) for a Program Office Senior Manager position. ... In the instant case, the CO denied certification based on the Employer’s inclusion of the language...
"PERM is an exacting process. We’ve read those words over and over in various Board of Alien Labor Certification Appeals (BALCA) decisions. The Department of Labor (DOL) Certifying Officers (CO) and BALCA continually use those words to justify the most heartless...
"As of October 27, 2014, the Atlanta National Processing Center has changed its process and will no longer automatically forward to BALCA all PERM case Requests for Reconsideration where the original case decision was upheld. Rather, a Notice of Decision will...
"This appeal ... presents the issue of whether a Certifying Officer may deny an Application for Permanent Employment Certification (ETA Form 9089) for a position involving a professional occupation if one of the “additional” recruitment steps does not comply...
"Employer presented a statement from its Vice President of Engineering, Mark Tinker, in response to the audit notification that addressed both the business necessity of its educational and experience requirements, and the infeasibility to train a new worker...
"We have reviewed the Form 9089, and find that it does not have any obvious free form space for clarifying why a person would necessarily have at least a Bachelor’s degree to have obtained an AMI certification. But more importantly, we have found nothing...
"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...
" In the ongoing litigation over the authority of the Department of Labor (DOL) to promulgate H-2B prevailing wage methodology in the Third Circuit, Louisiana Forestry Ass’n v. Secretary of Labor , No. 12-4030, the DOL wrote a letter stating that the Board...
"Neither employers nor the Department may flout a BALCA decision. We look forward to receiving your written confirmation that H-2B employers will be receiving timely notification from the NPWC that the SPWDs never became effective and were vacated on December...
"The Department’s H-2B regulations do not require an employer to increase the wage it offers and pays its H-2B workers after the Department has approved and certified its Application for Temporary Employment Certification. It was an abuse of discretion for...
" In Siemens Water Technologies Corp. , 2011-PER-00955 (July 23, 2013), the employer filed a PERM application for the position of Field Service Engineer. In all its recruitment the employer listed Houston, Texas as the location for the job opportunity and...
"[W]e find that SAP’s failure to produce “a copy [of] the prevailing wage request for the prevailing wage determination” did not constitute a “substantial failure by the employer to provide required documentation” under Section...
"The employer explained why the job requirements were a business necessity and why on the job training was not feasible in its Recruitment Report. The CO did not contend the requirements were unduly restrictive. The employer showed the U.S. applicants did...
"The Employer in this case is not attempting to use one of its two Sunday advertisements to meet the requirements of its local newspaper advertisement; rather, it placed a third advertisement in what it purports to be both a newspaper of general circulation...