BALCA Overturns Denial Where Mailed in ETA Form 9089 was Denied for Failure to Confirm Sponsorship

The Board of Alien Labor Certification Appeals (“BALCA”) recently overturned the denial of a labor certification case that was submitted through the mail on the basis that the employer’s signature on the labor certification established that it was sponsoring the foreign worker. In Matter of La Hacienda Meat Market, Inc., the employer submitted a labor certification for the position of “Buyer / Produce.” The employer mailed the ETA Form 9089 to the Department of Labor because the employer was unable to pre-register electronically with the Atlanta National Processing Center. The mailed-in labor certification included a signature from the President of La Hacienda Meat Market in the employer’s declaration section. The Certifying Officer attempted to contact the employer three times by telephone to confirm sponsorship, but was unable to reach anyone. Consequently, the case was denied. BALCA reviewed the decisions of a number of cases that involved similar fact patterns and determined that “when an ETA Form 9089 is submitted via mail and includes the employer’s sworn statement under penalty of perjury certifying as to the conditions of employment offered, sponsorship is adequately verified.” Thus, the denial was overturned. While it is preferable to submit a labor certification through the online system, this case provides guidance that establishes that an employer’s signature on the ETA Form 9089 is sufficient to confirm sponsorship.

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