Many employment-based “green card” cases require evidence that the employee had the mandatory work experience or knowledge prior to joining the sponsoring employer. On April 2, BALCA (the Board of Alien Labor Cert. Appeals) reversed a PERM denial and found that “the Employee’s submission of the signed letter in response to the Audit substantially complied with the Audit request, and the Certifying Officer’s (CO) denial was not warranted.” In the Audit, the employer was asked to “provide documentation” without any specification. Later, the CO suggested documentation such as “a notarized affidavit, certifications, licenses, or other substantive proof.”
BALCA found the employer had complied with the Audit request. This case is instructive as future Audit Notices could specifically request notarized statements or affidavits to prove prior work experience. To read the decision, click here.