BALCA Case Matter of Abundant Life Evangelical Community, 2/2/16

BALCA overturns denial and orders CO to grant certification where the SWA inserted a requirement of a high school diploma on the job order, holding that the requirements of 20 CFR 656.17(f) do not apply to job orders.

Matter of Abundant Life Evangelical Community, 2/2/16

20 CFR 656.17(f):

(f) Advertising requirements. Advertisements placed in newspapers of general circulation or in professional journals before filing the Application for Permanent Employment Certification must:

(1) Name the employer;
(2) Direct applicants to report or send resumes, as appropriate for the occupation, to the employer;
(3) Provide a description of the vacancy specific enough to apprise the U.S. workers of the job opportunity for which certification is sought;
(4) Indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity;
(5) Not contain a wage rate lower than the prevailing wage rate;
(6) Not contain any job requirements or duties which exceed the job requirements or duties listed on the ETA Form 9089; and
(7) Not contain wages or terms and conditions of employment that are less favorable than those offered to the alien.
There are no products