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BALCA Upholds Denials Where Employers Failed to List Their Names on Notice of Filing

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The Board of Alien Labor Certification Appeals (“BALCA”) recently issued an en banc decision that discussed whether an employer must include its name on the notice of filing. In Matter of Tera Technologies, Inc. and Matter of USA Wool, Inc., BALCA considered two cases where employers failed to include their corporate names. Both cases were denied by the Certifying Officer. In response to the denial, one employer argued that the omission of its name was harmless because the notice of filing stated “our company,” and any “interested persons would have been aware that ‘our company’ referred to [the employer] because the notice of filing was posted on the company’s premises.” The en banc panel reviewed prior case law and determined that the “vast majority of BALCA panel decisions have affirmed the denial of certification if the petitioning employer’s notice of filing did not include the name of the employer.” This panel stated that the PERM regulations require strict adherence to the regulatory provisions. Consequently, BALCA found that the “clarity of [the requirement of including the employer’s name on the notice of filing] and the ease with which an employer should be able to comply with this requirement belie any suggestion that strict enforcement of this requirement offends fundamental fairness or procedural due process.” As stated in prior blog posts, the PERM process is exacting and BALCA is very unforgiving of errors. The Hammond Law Group is always happy to assist employers with ensuring that all requirements set out in the PERM regulations are met. This post originally appeared on HLG's Views blog by Cadence Moore. http://www.hammondlawgroup.com/blog/.

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