Immigrant Daily

BALCA on Omission of Employer’s Name in Notice of Filing.

In a recent judgment, the Board of Alien Labor Certification Appeals (BALCA) has held that a failure on the part of employer to prove the absence of name on notice of filing is not immaterial. The regulatory requirement of inclusion of Employer’s name on the Notice of Filing is not an obscure requirement, which is difficult to implement and hence declined to reverse the CO’s denial of certification to the employer.

In this case, the employer Stone Tech Fabrication was sponsoring the alien for a position of “Stone Inspector.” The CO denied the application because the employer had not included its name on the notice. In Motion to reconsider, the employer argued that the notice of filing posted within the job premises containing employer’s president’s name and phone number does not require employer’s business name. Nevertheless, the motion for reconsideration was denied on the grounds that the Notice did not list the hiring company as required by regulations 20C.F.R656.10 (d)(4)and656.17(f)(1)(AF1-2).

In appeal to BALCA, the employer argued for a decision based on common sense rather than statutory construction. While reviewing the matter, BALCA held, “The regulatory requirement of inclusion of the Employer’s name on the Notice of Filing is found in a cross reference – but it is not a difficult cross reference to follow. And when making the cross reference, the requirement of including the Employer’s name is the very first element listed. Thus, it is not an absolute requirement, nor a difficult one to implement.”

For more details, please visit BALCA on Omission of Employer’s Name in Notice of Filing.