Seven Years Later, Labor Cert. Granted: Matter of Lakha Enterprises

"On July 16, 2008, the Certifying Officer (“CO”) accepted for processing the Employer’s Form 9089 Application for Permanent Labor Certification on behalf of Mohammad-Amjad Khan Lodhi for the position of “Cook.” (AF 170-179). The position was located in Chicago, Illinois. (AF 171). The job requirements were an eighth grade education and 24 months of experience in the job offered. ... The Employer argued that it did not fail to provide the addresses of the U.S. workers who applied for the job opportunity and the reasons for not hiring each applicant because the Employer did not in fact receive any applications for the position. The Employer argued that the 20 people who responded to the SWA Job Order merely inquired about the job posting by viewing it, and did not actually apply for the job. ... In the instant case, the Employer did not receive applications or resumes from the 20 individuals at issue, and the FAQ does not indicate that it was required to reach out and solicit them. Thus, the CO’s finding that the employer still needed to report the names and addresses of such individuals in the body of the supervised recruitment report is untenable. The individuals in question were not “applicants” for the position in any meaningful way and therefore the Employer’s recruitment report was not required to identify them. ... IT IS ORDERED that the Certifying Officer’s denial of labor certification in the above-captioned matter is VACATED and that the CO is DIRECTED under 20 C.F.R. § 656.27(c)(2) to GRANT CERTIFICATION." - Matter of Lakha Enterprises, Aug. 25, 2015.  [Hats off to Reza Baniassadi!]