Elain Bunzel, 1997-INA-481 (BALCA Mar. 3, 1999) (en
banc)
U.S. Department of
Labor
Board of Alien Labor Certification Appeals 800 K Street, NW, Suite 400-N Washington, DC
20001-8002 (202) 565-5330
(202) 565-5325 (FAX)
www.oalj.dol.gov
Date: March 3, 1999 Case No.: 1997-INA-481
In the Matter of:
ELAIN BUNZEL, Employer,
on behalf of
OFELIA HERNANDEZ-MENDEZ, Alien.
Appearances: Thomas A. Lavin
Santa Ana, California
for Employer and Alien
Certifying Officer: Rebecca Marsh Day
San Francisco, California
Before: Burke, Guill, Holmes, Huddleston, Jarvis,
Lawson, Neusner, Wood, and Vittone
Administrative Law Judges
JOHN M. VITTONE
Chief Administrative Law Judge
DECISION AND ORDER
This case arises from an application for labor certification on behalf of
Alien Elain Bunzel, ("Alien"), filed by Employer Ofelia Hernandez-Mendez,
("Employer"), pursuant to Section 212(a)(5)(A) of the Immigration and Nationality
Act, as amended, 8 U.S.C. § 1182(a)(5)(A) (the "Act") and the regulations
promulgated thereunder, 20 C.F.R. Part 656. The Certifying Officer ("CO") of the
U.S. Department of Labor denied the application and Employer requested review pursuant to 20
C.F.R. § 656.26.1
1 This decision is based on the record
upon which the CO denied certification and Employer's request for review, as contained in an Appeal
File ("AF"), and any written argument of the parties. 20 C.F.R. § 656.27(c).
2 Employer cited the pre-BALCA
decisions of M. Ganesa Pandian, 1987-INA-110 (Mar. 31, 1987), and Ava Capossela,
1986-INA-342 (June 24, 1986).
3 See, e.g., Collectors
International, Ltd., 1989-INA-133 (Dec. 14, 1989) (existence of permanent, full-time employment
not shown where the CO requested evidence of the source of the employer's funds and income in the last
year, and the employer failed to produce it); see also Schimoler, supra, at 4 and n. 7.
4See, e.g., O.K.
Liquor, 1995-INA-7 (Aug. 22, 1996) (denying certification where Employer failed to provide
information questioning whether the Employer could pay the offered salary).
5 Note also that Employer
has burden to satisfactorily respond or rebut to all findings in the NOF. Belha Corp., 1988-INA-
24 (May 5, 1989) (enbanc). Failure to address a deficiency noted in the NOF
supports a denial of labor certification. Id.; see alsoPrace Fabrication Corp., 1993-
INA-179 (Mar. 1994) (denying certification for failure to respond to CO's request for documentation of
ability to offer full-time employment).