June 2012

BALCA Finds Employer Failed to Investigate Potentially Qualified U.S. Applicants

The Board of Alien Labor Certification of Appeals ("BALCA") affirmed the Department of Labor's ("DOL") Certifying Officer's ("CO") denial, finding that the employer failed to interview candidates that facially met the employer’s requirements, where it indicated it would accept “any suitable combination of education, training, or experience.” (Matter of Goldman Sachs, 6/8/12) . Prior to the initial denial, the PERM case was audited by the DOL and subsequently processed through supervised recruitment. The employe submitted an "expert opinion" explaining why certain candidates were not contacted. The CO rejected the expert opinion and denied the PERM case, even after a request for reconsideration. As mentioned, BALCA also affirmed this denial. The case can be read in entirety here.