Business Immigration Insights

The U.S. Department of Labor’s Board of Alien Labor Certification Appeals (“BALCA”) determines employers’ appeals of prevailing wage determinations and labor certification (“PERM”) denials during sponsorship of foreign nationals for employment-based green cards.  In a recently decided case, BALCA upheld a PERM denial because the employer failed to interview a potentially qualified U.S. worker during the mandatory labor market test for the sponsored position.  BALCA said that employers have a duty to investigate further when the resume raises a "reasonable prospect" that a candidate is qualified; in other words, when a candidate meets overall education and experience requirements (Matter of CEO Ally, Inc., 5/12/16).  The decision serves as a warning to U.S. employers that they protect the substantial human and financial resources they have invested in green card sponsorship by ensuring that they thoroughly screen all US workers – beyond mere resume review, when warranted – in order to provide concrete detail to support rejection of any U.S. workers during a PERM labor market test.