23 Feb 2016
BALCA Reverses Labor Cert. Denials By Upholding Real World Job Advertisements - Cora-Ann V. Pestaina
Cora-Ann V. Pestaina, Feb. 22, 2016 - "[A]n employer’s use of terms like “Competitive,” “Depends on Experience” (DOE), “Negotiable,” “Will Discuss With Applicant,” etc. does not take away from the employer’s advertisement of the occupation and is therefore not in violation of any PERM regulation. BALCA specifically stated in Bahwan Cybertek that no reasonable job seeker would have been discouraged from applying due to the use of such terms. And to state what is probably obvious, someone that would read such terms and be left so confused as to be deterred from applying is quite likely not qualified."
