The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Assistant Sports Editor, Al Dia.”
After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. He asked the employer to provide documentation of their recruitment process. The Employer submitted copies of print and online job ads. However, the response did not contain any printouts from the employer’s own website.
The CO denied the application declaring that the Employer failed to deliver sufficient documentation to show the Employer used its own website to advertise the job. The Employer did not provide pages from their website that contained the dates the ads were posted online. In addition, the CO believed the Employer unlawfully rejected some US Applicants.