ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Immigration Law Blogs on ILW.COM

BALCA Issues Decision Discussing the Use of a Single Newspaper for Multiple Recruitme

Rating: 5 votes, 5.00 average.
On April 24, 2013, the Board of Alien Labor Certification Appeals (“BALCA”) discussed whether or not advertisements in one newspaper could count as multiple recruitment steps. In Matter of Delta Search Labs, Inc., the employer sponsored the position of “marketing manager.” As part of its recruitment effort, it placed two Sunday advertisements in the Boston Globe. It also listed the position opening in the Boston Globe during the week. The employer argued that the advertisement placed during the week should count as recruitment in a local newspaper. The case was selected for audit and the Certifying Officer (“CO”) denied it on the basis that the employer had replicated a previously used recruitment step through placing a weekday advertisement in the same newspaper that the mandatory Sunday advertisements ran. The employer requested that the CO’s decision be reconsidered and submitted substantial evidence that showed that the weekday editions of the Boston Globe reaches a different population than the Sunday edition and has higher circulation numbers than any of its local competitors. Consequently, the employer argued that a weekday advertisement in the Boston Globe was the most appropriate medium to attract able, willing, and qualified candidates. In reviewing the case, BALCA stated that the Office of Foreign Labor Certification’s FAQ’s on PERM do not “address the issue of whether one publication could, based on its daily and weekend circulation figures, serve as both a local and general circulation publication.” Furthermore, BALCA also found that the regulations “do not specifically prohibit an employer from using the same newspaper as both a newspaper of general circulation and a local or ethnic newspaper, provided the newspaper satisfies both categories.” Consequently, the CO’s decision was reversed. While this case provides support for the idea that a newspaper could appropriately be used as a local newspaper and as a newspaper of general circulation, BALCA found support to reverse this decision in the fact that the CO did not make a determination about whether the Boston Globe could count as a local newspaper and a newspaper of general circulation. Employers who are considering using advertisements in one newspaper to fulfill the mandatory recruitment steps and as a local newspaper must carefully document why they believe that the newspaper meets both criteria. This post originally appeared on HLG's Views blog by Cadence Moore. http://www.hammondlawgroup.com/blog/

Submit "BALCA Issues Decision Discussing the Use of a Single Newspaper for Multiple Recruitme" to Facebook Submit "BALCA Issues Decision Discussing the Use of a Single Newspaper for Multiple Recruitme" to Twitter Submit "BALCA Issues Decision Discussing the Use of a Single Newspaper for Multiple Recruitme" to Google Submit "BALCA Issues Decision Discussing the Use of a Single Newspaper for Multiple Recruitme" to StumbleUpon Submit "BALCA Issues Decision Discussing the Use of a Single Newspaper for Multiple Recruitme" to Reddit Submit "BALCA Issues Decision Discussing the Use of a Single Newspaper for Multiple Recruitme" to Digg Submit "BALCA Issues Decision Discussing the Use of a Single Newspaper for Multiple Recruitme" to del.icio.us

Tags: None Add / Edit Tags

Comments

Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: