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BALCA on recruitment steps, compliance: Enderdel, Inc.

December 13, 2011 (1 min read)

"Employer conducted four additional recruitment steps to advertise the job opportunity in this application, listed four additional recruitment steps on its ETA Form 9089, and submitted documentation of all four recruitment steps with its audit response materials. (AF 112-121). Even though the Employer’s advertisement on its own website did not comply with the regulations, the Employer conducted three additional recruitment steps that are in compliance with the regulations. Therefore, the Employer need not rely on its website advertisement in order to establish compliance with the requirement that an employer conduct three additional recruitment steps when advertising for a professional occupation. As the CO did not find any deficiency with the other three additional recruitment steps, we find that the CO improperly denied certification." - Matter of Enerdel, Inc., 2010-PER-01060, Dec. 12, 2011.