BALCA Remand – Matter of Tek Services LLC – “Competitive Salary” in newspaper ad

PERM was denied because employer put “Competitive Salary” in the newspaper ads. CO stated that the competitive salary language creates a “burden” on potential applicants that they identify the competitive wage; a burden which might discourage workers from applying or that the reference to a competitive wages somehow could prevent an individual from making an “informed decision” about whether they would be interested in the position.

BALCA overturned denial stating the regulations don’t call for specific financial information in job postings. BALCA stated that potential applicants are unburdened since they are under no obligation to identify a competitive wage before they apply. As to making an informed decision, the competitive salary language is certainly more informative than an advertisement that is totally silent regarding the wage, an approach perfectly permissible under the regulation.

“The regulations permit advertisements to be silent regarding the wage,” according to the ruling. “In that context, it is impossible to impute ill motive to an employer’s decision to include this innocuous reference to wages in its advertisements when it was free to say nothing on that subject.”

Related Links:
PERM Overview
EB-2 vs EB-3
PERM / I-140 Ability Pay Requirement
PERM and Prevailing Wage Processing Times
PERM and I-140 Complete Do it Yourself Kit
PERM Attorney

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