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BALCA Grants Labor Cert...Five Years Later - Matter of Computer Sciences Corp.

July 14, 2015 (1 min read)

"On February 4, 2010, the Employer filed an Application for Permanent Employment Certification (ETA Form 9089) for a Program Office Senior Manager position. ... In the instant case, the CO denied certification based on the Employer’s inclusion of the language, “Willingness to travel; may require work from home office,” which the CO considered to be “job requirements or duties which exceed the job requirements or duties listed on the ETA Form 9089” in violation of Section 656.17(f)(6). However, as noted above, Section 656.17(f) does not apply to additional recruitment measures. Because the CO denied the application solely on the grounds that two of the employer’s additional recruitment advertisements did not meet a content requirement with which they need not comply, we reverse the denial of certification in accordance with Symantec Corp, and direct the CO to grant certification." - Matter of Computer Sciences Corp., July 9, 2015.  [Hats off to J. Anthony ("Tony") Smith!]

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