BALCA does not allow Employer’s Recruitment Report to Contain Minor Discrepancies

In its decision In the Matter of Robert Bosch LLC, Case Number 2012-PER-01739, (8/25/2016), the Board of Alien Labor Certification Appeals (BALCA) affirmed a denial of an Application for Permanent Employment Certification when the employer’s recruitment report listed a total of 62 applications for the position received, when in fact there had only been 61. The argument by counsel and evidence submitted that a typographical error had omitted a consecutively numbered row in the recruitment chart which the employer used to track the total number of resumes received was not considered to be a harmless error. As the Board reasoned, the employer had failed to submit this evidence in the original audit response even though it was available and consideration of a corrected report was thus barred by the regulations.

Another harsh result after a lengthy process which the employer had begun in 2010 and which highlights again the importance of diligence by everyone involved in the process of presenting the results of a properly conducted recruitment campaign as part of the PERM labor certification.process.

The decision can be found here: http://www.oalj.dol.gov/libina.htm