BALCA Affirms that Additional Recruitment Steps May Be ‘Broadly Worded”

The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether advertisements that constitute part of the additional recruitment steps for a labor certification case must identify the job location. In Matter of Screen Printers Resource, Inc., the employer submitted a labor certification for the position of “International Sales and Service Business Development.” The case was audited and, ultimately, denied because the Certifying Officer (“CO”) determined that the employer’s website posting did not list the job location. The CO argued that U.S. workers may be unwilling to apply for a position that did not list a job location. BALCA reviewed Matter of Symantec Corp., which found that the advertisement content requirements that are imposed on newspapers of general circulation are not applicable to the additional recruitment steps. These additional steps must only advertise the occupation involved in the petition and may be “broadly worded.” BALCA reviewed the employer’s advertisement and stated that it “described the title of the job, the responsibilities of the job, the educational, work experience, and knowledge requirements of the job, and where the applicant could email or fax a resume.” While BALCA stated that the advertisement was “not detailed, it is not misleading.” Consequently, the denial was overturned. This case further confirms that the advertisements placed as part of the additional recruitment steps that are conducted in the PERM process do not have to be as detailed as those placed in a newspaper of general circulation.

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