BALCA Upholds Denial of Labor Certifications Based on Undisclosed Alternative Minimum Job Requirements

In a pair of decisions, the Board of Alien Labor Certification Appeals found that omitting to disclose alternative minimum job requirements does not sufficiently apprise U.S. workers of a job opportunity and will, therefore, require denial of an application for labor certification. In Matter of HS Solutions Inc., the employer indicated in the labor certification application that the job required a Master’s degree or a Bachelor’s degree and five years of experience, but the employer’s job posting indicated only that the position required a Master’s degree. In Matter of Capgemini America, Inc., the employer indicated in the labor certification application that the job required a Master’s degree and one year of experience or a Bachelor’s degree and five years of experience, but the employer’s job order indicated only that the position required a Master’s degree and 12 months of experience.