PERM: Recruitment Updates from BALCA

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In the Matter of Tanaka, 2010-PER-01060 (BALCA)

Employer filed form ETA 9089 for the proffered position of “battery engineer.” Employer listed four forms of additional professional recruitment for the position, including (1) posting on employers website (2)posting on job search website, an advertisement with the employee referral program, and an advertisement with the local newspaper. The ETA 9089 was denied on the grounds that the posting on employers website did not identify the job location in violation of the regulations. The AAO held that while the employer’s website advertisement did not include geographic location of the job opportunity, the employer conducted four additional recruitment steps to advertise the job opportunity in this application, listed four additional recruitment steps on the ETA 9089, and submitted documentation of all four steps in its audit response.

Thus, 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.



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