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Government Agency Actions - USCIS, ICE, etc.

BALCA Determines Spelling Error in Employer’s Name in Job Order Did Not Discourage U.S. Workers

BALCA recently determined that a minor typographical error in the name of an employer on a state-workforce agency job order did not discourage U.S. workers from applying when the employer was known by a different trade name. The employer submitted a labor certification for the position of “Food Service Manager.” In the job order, the employer listed its name as “SWOWII, Inc.” However, the employer’s actual name was “SWDWII, LLC.” The Certifying Officer denied the case on the basis that this error would harm the ability of U.S. workers to identify the employer and would result in the Office of Foreign Labor Certification being unable to confirm whether the employer appropriately engaged in recruitment. BALCA reviewed information submitted by the employer that showed that it was a franchise of Saladworks and generally conducted business as “Harmony Saladworks” or “Harmony Plaza Saladworks.” BALCA determined that “because the employer’s legal name has little to do with the employer’s public identity, . . . a minor typographical error . . . on the job order would do little to confuse potential applicants about the employer’s identity.” Consequently, the denial was overturned. While employer’s should ensure that they correctly identify their name on all recruitment documentation that is conducted as part of the labor certification process, this decision does provide support for the idea that an error in the spelling of a name must actually cause potential applicants to be unable to identify the employer.

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