BALCA overturns denial where SWA job order included a drug screen and background check requirement which did not appear on the ETA 9089, stating that the job order is not subject to 20 CFR 656.17(f)(6).
BALCA Case Matter of Xceltech Inc., 2/3/16
656.17(f)(6):
(f) Advertising requirements. Advertisements placed in newspapers of general circulation or in professional journals before filing the Application for Permanent Employment Certification must:
(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;