Smartzip Analytics – CO Denied petition because he said he was unable to determine know the duration required of the special skills listed in H-14.
BALCA overturned denial and directed Grant of Certification based on the following:
Although the CO’s concern about needing to know the duration required of special skills (H-14) when assessing the PERM application was reasonable, we find that the application cannot be denied on its face based on a failure to provide a duration requirement for special skills listed in Section H.14, short of legally sufficient notice of a requirement to do so.