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

I-9 E-Verify Immigration Compliance

BALCA Reverses Decision of Certifying Officer

Rate this Entry
By Bruce Buchanan, Sebelist Buchanan Law PLLC

Click image for larger version. 

Name:	Spirent_Communications.svg.png 
Views:	5 
Size:	17.8 KB 
ID:	1196

BALCA reversed a Certifying Officer’s (CO) denial of labor certification after it was persuaded that an employer’s failure to provide an unaltered copy of requested Form 9089 in response to the audit request was due to an electronic processing system and printing error that cut off language in the form. (Spirent Communications, 2013-PER-02757).

Spirent Communications, Inc. filed Form 9089 sponsoring a foreign national for permanent employment. The application was later chosen for audit requiring the employer to provide a copy of the submitted Form 9089. After noticing a sentence at the end of both paragraph H. 11 and H. 14 of the form were unintendedly cut off by the electronic processing system, Spirent provided a corrected form to include each entire sentence. The corrected language matched what was included in paragraph K-9 of Form 9089 and the Prevailing Wage Determination.

The CO denied the PERM application citing that the corrected cut off sentence violated the requirement of an unaltered copy of Form 9089. Spirent asked for reconsideration stating it had no intent to deceive and the dangling sentence had no material effect on recruitment. Spirent additionally submitted an affidavit explaining the discrepancy between printed and electronic documents. The CO upon reconsideration upheld its denial - stating Spirent failed to submit an unaltered copy of the form.

On appeal, BALCA found that correcting an obvious error was not a substantial failure to respond. Spirent’s notarized affidavit and attorney both explaining the mistake as well as the language in question being represented in full in paragraph K-9 and the Prevailing Wage Determination buttressed its appeal. Thus, BALCA remanded the matter for certification.

Although the company ultimately prevailed, this case illustrates the importance of checking system printouts before submission and maintaining an audit file.

Submit "BALCA Reverses Decision of Certifying Officer" to Facebook Submit "BALCA Reverses Decision of Certifying Officer" to Twitter Submit "BALCA Reverses Decision of Certifying Officer" to Google Submit "BALCA Reverses Decision of Certifying Officer" to StumbleUpon Submit "BALCA Reverses Decision of Certifying Officer" to Reddit Submit "BALCA Reverses Decision of Certifying Officer" to Digg Submit "BALCA Reverses Decision of Certifying Officer" to del.icio.us

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: