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BALCA on Alternative Requirements: Matter of General Electric

January 24, 2013 (1 min read)

"The CO incorrectly treated Employer’s alternative minimum  education requirements as satisfying Employer’s alternative requirements for  employment, ignoring Employer’s stated experience requirements from Item H-14.  (AF 95).  Employer’s notation in Item H-10 and H-14 clearly indicates that all applicants for employment are required to have a minimum of sixty months of progressively responsible post-bachelor’s experience, regardless of whether the applicant possesses the required bachelor’s degree or satisfies the alternative education equivalent through an acceptable combination of education, experience, and training.  (AF 95).  As such, Employer’s primary and alternative education and experience requirements are substantially similar.  Thus, for the reasons stated above, we reverse the CO’s finding that the Employer’s alternative education and experience requirements were not substantially equivalent to its primary education and experience requirements.  It is ORDERED that the denial of labor certification in this matter is hereby REVERSED and we direct the Certifying Officer to GRANT labor certification in this case." - Matter of General Electric, Jan. 22, 2013.  [Hats off to Praveena N. Swanson!]

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