BALCA Decision – Matter of INFOSYS LTD – Documenting Travel / Client Site Requirement

BALCA reversed the CO’s denial of Matter of INFOSYS LTD and remanded the matter for certification where DOL faulted the employer for not listing relocation requirement in recruitment and on the ETA Form 9089 for a position with a primary work site “and various unanticipated locations throughout the U.S.

Infosys relied on the 1994 Barbara Farmer Memo, which BALCA agreed makes no distinction between travel and relocation.

BALCA stated that it was unfair to require that the possibility of relocation be specifically disclosed in the advertisement and application in absence regulatory requirement.

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