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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 “Hardwood Floor Installer.”

Upon evaluating the Employer’s Application for Permanent Labor Certification, an Audit was issued. In this Audit Notification, the CO asked the Employer to explain why US workers were rejected. After reviewing the Audit response, the CO denied the labor certification stating the Employer rejected three US applicants for reasons that were not job related. The CO “found the rejections were based on the failure to meet the Employer’s job requirement of having two years of hardwood floor installation experience.” He discovered three of the candidates have other experience in the construction industry that he believed would meet the requirements for the job.

The Employer requested reconsideration and BALCA review. They argued the CO was wrong in judging these three candidates were qualified for the position. Even though the applicants did have experience in “general carpentry/and or construction,” they did not believe this experience was enough to meet the requirements of the Hardwood Floor Installer job. The Employer included a Business Necessity Letter in its Audit response materials. The Employer pointed out that one of the candidates did have skills in hard wood flooring installation but he did not list how he obtained that experience. The employer also provided proof to the CO of letters that they had sent to the US worker applicants asking for them to contact the company with further information on their qualifications. The Employer claimed none of them responded to the letters.

“This weekend, folks across the country are opening up the pool, firing up the grill, and taking a well-earned moment to relax. But Memorial Day is more than a three-day weekend. In town squares and national cemeteries, in public services and moments of quiet reflection, we will honor those who loved their country enough to sacrifice their own lives for it.”

– President Obama, Memorial Day 2012 at Arlington National Cemetery

In preparation for the firm’s expansion of services, MVP Law Group promoted Staff at all Levels

Mr. Meetesh V. Patel, Senior Counsel of MVP Law Group, P.A., is pleased to announce the expansion of MVP Law Group’s Services into the practice areas of:

 Business Compliance  Business Law  Contract Law  Estate Planning