The Matter of Symantec Corp BALCA appeal presents the issue of whether a Certifying Officer may deny an Application for Permanent Employment Certification (ETA Form 9089) for a position involving a professional occupation if one of the “additional” recruitment steps does not comply with the advertising content requirements in 20 C.F.R. § 656.17(f)(6).
The regulation that governs the additional recruitment steps is at issue here.
§ 656.17(e)(1)(ii)(C), only requires that when advertising for the additional recruitment steps a petitioning employer advertise the occupation involved in the application, as opposed to advertising for the job opportunity (required for the newspapers of general circulation or professional journals and and Notice of Filing).