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BALCA Affirms Denial Where the Employer Made a Clerical Error in the Prevailing Wage

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In Matter of Simona Luca Vricella, the Board of Alien Labor Certification Appeals (“BALCA”) continued its trend of upholding denials in cases where a clerical error occurred in drafting the ETA 9089. In this case, the employer submitted a labor certification on behalf of a “Houseworker, General, Live-In.” In the labor certification, the employer listed a prevailing wage validity period of March 28, 2009 through April 1, 2010. The prevailing wage that was issued provided a validity period of April 2, 2009 to April 1, 2010. The Certifying Officer denied the case because the prevailing wage validity period exceeded the “one year maximum outlined in 20 C.F.R. Section 656.40(c).” The employer appealed the denial and argued that it made a clerical error in entering the prevailing wage validity period on the ETA 9089. In reviewing the case, BALCA noted that “PERM is an exacting process, designed to eliminate back-and-forth between applicants and the government, and to favor administrative efficiency over dialogue in order to better serve the public interest overall.” Since the employer incorrectly completed the labor certification and BALCA reiterated that the PERM program is supposed to highlight administrative efficiency, the denial was upheld. When drafting labor certifications, it is critical that employers correctly list the required information to avoid these types of denials. This post originally appeared on HLG's Views blog by Cadence Moore. http://www.hammondlawgroup.com/blog/

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