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Search Results Page is Insufficient Documentation of a Website Posting

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Recently, the Board of Alien Labor Certification Appeals (“BALCA’) considered whether a search results page could serve as alternative documentation to dated copies of the posting on the employer’s website. In Matter of Spring Branch Independent School District, the employer sponsored the position of “Elementary (Pre-K-5th grade) – Bilingual (Spanish) Teacher.” The case was audited and the employer submitted a copy from its human resources job search page showing the position’s title, the salary, the position’s classification as professional, and that the role would have a probationary contract. No other information regarding the role was provided on this page. The Department of Labor (“DOL”) denied the case on the basis that the employer failed to provide copies of the website posting that included the language of the advertisement. In reviewing the case, BALCA noted that an employer may provide alternative documentation of its website positing beyond dated copies of the website listing. However, it also found the content of these advertisements must be provided so that the DOL can determine “whether the advertisement is for the occupation listed on the ETA Form 9089 and whether the advertisement was placed in good faith and the job was clearly open to U.S. applicants.” Consequently, the denial was upheld. While employers can use alternative documentation to prove that a position was listed on the employer’s website, the Hammond Law Group suggests that dated copies of the website posting that include the language of the advertisement be included in the recruitment report and in any response to an audit. This post originally appeared on HLG's Views Blog by Cadence Moore. http://www.hammondlawgroup.com/blog/

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