February 7, 2007

Board of Alien Labor Certification Appeals ("BALCA") affirms that "an employer does not need to establish actual contact with applicants in order to establish good faith recruitment efforts."

On January 19, 2007, the Board of Alien Labor Certification Appeals ("BALCA") issued a decision affirming that "an employer does not need to establish actual contact with applicants in order to establish good faith recruitment efforts". When applying for labor certification employers need to test the local job market and prove to the Department of Labor that there are no U.S. workers willing or able to fill the position they are filing for. In this January 19, 2007 BALCA decision, the certifying officer denied the application for alien labor certification on the grounds that the employer did not make sufficient efforts to contact the applicants. Although none of the applicants responded to letters by certified mail or phone calls, the employer in this case was able to provide copies of phone notes and certified mail stamps. Based on this evidence provided by the employer of attempts to contact the applicants, BALCA reversed the denial of the original certifying officer stating that good faith efforts to contact applicants are sufficient for labor certification purposes even if the attempts were not successful.

This case reminds employers of the importance of maintaining all documentation when undergoing this process. Without the telephone notes and certified mail receipts provided by the employer in this case, BALCA might not have reversed the denial of the certifying officer. Please click here to read a copy of the BALCA decision.