practitioners who file numerous PERM applications, the Department of
Labor’s (DOL) philosophy of solely protecting the U.S. labor market
without regard to employers’ efforts, its constantly shifting goal
posts, and its frightful game of “gotcha” which we involuntarily enter
whenever we file a PERM application, have sadly all become par for the
course. But, every so often, a valiant employer fights back and in
recent times we have seen the Board of Alien Labor Certifications
(BALCA) demonstrate more reason in its decisions. Matter of Emma Willard School, 2010-PER-01101 (BALCA, September 28, 2011) reveals
the most recent case of the DOL’s game of “gotcha.” In that case, BALCA
held, reversing the Certifying Officer (CO), that there is no
obligation for an employer to list every item or condition of employment
in its advertisements and listing none does not create an automatic
assumption that no employment benefits exist."
Cora-Ann V. Pestaina, Oct. 14, 2011.