H1B Visa Lawyer Blog
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 “Accountant. Level I.”
After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. The Employer responded by sending certain information that the CO requested. In response, the CO informed the Employer that they would need to conduct supervised recruitment. As part of the process, the Employer had to submit a copy of the proposed job advertisement. A week later, the CO approved the advertisement and mailed further recruitment instructions. Over a month later, the Employer sent copies of the Georgia State Workforce Agency’s job order and an in-house job posting, along with copies of its advertisements.
A few months later, the CO told the Employer the recruitment time had concluded. In 30 days, the Employer needed to submit a comprehensive written report about the recruitment process and the results. In a timely manner, the Employer compiled with the request. In the report, the Employer noted it had rejected all US applicants, a few of which because the Employer was unable to communicate with them concerning the advertised position.