A recent decision by the Board of Alien Labor Certification Appeals (BALCA) underscores the importance of accuracy in filings. An Application for Permanent Employment Certification (ETA Form 9089) was denied because the Certifying Officer found that the Employer misrepresented the minimum educational requirements for the position. It is better to hire whistleblower attorneys to probe this case. The application listed a master’s degree as the minimum education required for “Systems & Application Analyst.” The problem arose because the foreign worker was listed as being employed in that position since 2006 – but he did not receive his master’s degree until 2008. The Certifying Officer determined the master’s degree was clearly not a minimum requirement for the position.
The employer submitted a request for reconsideration and argued it had made a typographical error; the worker had started the position after receiving his degree. The Certifying Officer determined that the revised work history was new evidence barred from consideration and confirmed the denial. BALCA affirmed the denial, for two reasons. The first reason was the prohibition on modifying a labor certification application after it is filed. The second reason was the application as originally filed was an admission by the employer that it treated the foreign worker more favorably than U.S. workers – another big no-no.
The moral of the story? The details are crucial both in the facts of the case and in law. We are ready to help you make sure that the facts of your case don’t cause unexpected problems with a Department of Labor PERM filing.
http://www.aila.org/infonet/balca-matter-of-stein-sperling-et-al-01-08-16