Evaluation of Facially Qualified Applicants Important in PERM Process

The Board of Alien Labor Certification Appeals (BALCA) has recently reaffirmed the importance of carefully screening all applicants for employment by employers filing an Application for Permanent Employment Certification (PERM).

In the case, Select International, Inc., 2011-PER-01478 (September 19, 2012), BALCA upheld the denial of the employer's PERM application because the employer had failed to fully evaluate an employment candidate who appeared to be "facially qualified for the job opportunity." In that case, BALCA held that "if an applicant's resume demonstrates a broad range of experience, education and training such that it is reasonably possible that he or she is qualified for the job, the employer has an obligation to further investigate the applicant's credentials beyond the face of the resume."

For employers who are filing PERM applications, this case emphasizes the importance of thoroughly vetting all U.S. workers applying for the posted position who may potentially meet the minimum requirements for the offered position to determine whether they are actually capable of performing the job right away or with a reasonable period of on-the-job training. For additional information on this case, the decision can be found here.

Categories: Immigration Blog