BALCA Upholds PERM Denial on Newspaper Ads with Multiple Openings

09/26/2018

BALCA recently held that newspaper advertisements for multiple PERM positions do not provide a sufficient nexus to the job opportunity where the language of the advertisement does not include either the employer's job title or the ONET title for the position, but rather an unspecific inclusion of duties/requirements (Matter of Igate Global Solutions, 8/30/18). The decision highlights the importance of providing a clear nexus between the advertisements used in a PERM recruitment campaign and the job listed on the ETA Form 9089. As drafted, the advertisements used in this employer's campaign would cause applicants to have difficulty finding or recognizing the job advertisement within the recruitment for the particular offer of employment. In reaching its holding, BALCA compared the job duties listed in the advertisements with those in the offer of employment concluding that a sufficient nexus did not exist such that potential applicants would be properly apprised of the offer of employment.

(Goel & Anderson, LLC was retained to represent Igate Global Solutions in the BALCA appeal, but was not involved in the preparation of the recruitment and PERM filing with the Certifying Officer.)