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Joel Stewart on PERM Labor Certification

DOL Reverses Policy on Unquantified Skills

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Question from a reader:

Dear Sir,

I read your blog post regarding the December 6, 2016 DOL stakeholder meeting.

In this meeting, the Office of Foreign Labor Certification agreed to stop issuing denials based on the outcome of a BALCA decision (SmartZip Analytics, 2016-PER-00695).

My case is also currently with BALCA for the same reason as
Smart-Zip Analytics, i.e., unquantified skills in section H.14

Now that DOL has recognized that cases with unquantified skills should be reconsidered based on the lack of guidance provided by the agency, is there something I can do at my end to
accelerate the processing of my case with BALCA?

Warm Regards
A.

Answer:

Dear A.,

Whenever a new policy is introduced, the agency cannot correct itself until it passes through a time-consuming learning curve. During that time, some applications will be adjudicated, or readjudicated, according to the new rule, but many will not.

Your attorney or representative should assume the responsibility to make sure that your application is properly processed by DOL. In some cases an audit or denial may be issued.

In case of an audit, an appropriate response may be provided, and the DOL should approve the application.

In case of a denial, a “Request for Reconsideration” may be provided. The DOL uses the reconsideration process to correct cases that were denied but should not have been denied based on newly announced policies.

Since your application was already sent to BALCA, your attorney or representative may file a request with BALCA requesting the application be returned to the Atlanta DOL processing center per the new change in the policy. Since this normally occurs with the consent of Atlanta, the request could be addressed to both the Certifying Officer in Atlanta and the Board of Alien Labor Certification Appeals in Washington.

With kind regards,
Joel Stewart

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