BALCA - This decision says that where an employer seeks a PERM Labor Certification for the position of finance manager, it is required to conduct the type of recruitment specified for professional positions. The employer in this case had followed the recruitment process for a non-professional positions instead of the one specified for professional positions. The DOL noted that professional position recruitment was required for the finance manager position, especially because the position is listed on the Appendix A to the Preamble of the final PERM regulations. [Read the PERM Professional Recruitment Decision]

In this BALCA decision, the employer submitted two separate ETA 9089 PERM Labor certification applications for two positions. The sponsoring employer’s petitions listed the employee for each of the position as himself. The employer essentially sought self-sponsorship for himself in two different positions.

The Department Of Labor noted that a bona fide job opportunity did not exist which was truly open to U.S. workers because of the relationship between the employer and the alien. [Read the PERM Self-sponsor Decision]

In this BALCA decision, the employer submitted a labor certification (ETA 750A and 750B) application on behalf of the alien. On the application however, the petitioning employer was not able to show that the alien had the requisite experience before he was initially hired. Under Section 656.21(b)(5), an employer must demonstrate that the requirements it specifies for the job are its actual minimum requirements and that it has not hired the alien or other workers with less training or experience for jobs similar to the one offered. [PERM Labor Certification - Alien Must Have Qualifications Before Hire By PERM Employer