A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration attorney and counsel. Contact Info: 732-632-9888, http://www.1visa1.com/ (All information is not legal advice and is subject to change without prior notice.)

Friday, April 6, 2012

Denial of labor application based on failure to make phone contact with employer improper

BALCA held that the Certifying Officer's failure to make telephone contact with the petitioner of a permanent labor application cannot be the basis for denying labor certification.  "Notably, verification of sponsorship by telephone is not a regulatory requirement, but rather a tool that the CO has utilized as part of its preliminary screening. In the instant case, the Employer's application was mailed to ETA and included [Petitioning Employer's] sworn statement under penalty of perjury certifying to the conditions of employment outlined in 20 C.F.R. § 656.10(c). This signed statement alone places the Employer in full compliance with the regulatory requirements listed at 20 C.F.R. § 656.10(c). ... We find that the Employer has fully complied with 20 C.F.R. § 656.10(c), and therefore, denial of certification on this ground is improper." - Matter of Alfonso's Mexican Food, Mar. 26, 2012. 

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