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.