"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 not have the required skills for the position as listed on ETA Form 9089. Per Concurrent Computer Corp., supra, the CO cannot dismiss the employer’s stated requirements and substitute his judgment for the employer’s. These facts eliminate CO’s basis for denial. Accordingly, we vacate the CO’s denial of certification." - Matter of JP Morgan Chase & Co., July 16, 2012.
[Hats off to Jenny Nieves!]