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I-9 E-Verify Immigration Compliance

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  1. BALCA Finds Job Duties Outweigh Job Title

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

    Click image for larger version. 

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    The Board of Alien Labor Certification Appeals (BALCA) reversed a Certifying Officer’s denial of PERM application stating that a denial based primarily on the foreign national’s lack of prior experience with congruent job titles must be reversed. (Sumeru Inc, 2013-PER-01241).

    Sumeru, Inc. filed an Application for Permanent Employment Certification (“Form 9089”) listing the Alien with a Section H job title of “project manager” and requiring either a master’s degree in Engineering and 24 months’ experience in the field or alternately a bachelor’s degree in Computer Science or Information Systems and 5 years’ experience in the field. The foreign national possessed a bachelor’s degree in Engineering and 4 and ½ years’ experience with Sumeru and 5 years’ prior experience in 3 jobs with titles other than “project manager” but with like duties and responsibilities.

    The CO denied the PERM application stating that hiring the foreign national is not in accordance with the minimum requirements for the job opportunity listed in Form 9089. On appeal, Sumeru filed a Request for Review asked the DOL to focus on the duties of the position in question, not mere title only. Sumeru cited Matter of Maple Derby, Inc., 1989-INA-185 in which an alien qualified for a position despite a difference in job titles. Sumeru also provided a detailed chart aligning each required duty to a duty the Alien maintained in a previous position.

    Upon review, BALCA reversed the denial of labor on grounds that the foreign national’s prior experience was substantially equivalent to the duties required by the employer.
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