Date	Case No.	Title	Topic
July 1, 2004	2003-INA-92	INTEGRITY ENVIRONMENT CONSULTANTS, INC.	[Senior Engineer-Associate] Bona fide job opportunity: certification denied where the only requirement listed in the ETA 750A was a master's degree in civil engineering, but the advertisement listed numerous requirements such as eight years of experience, fluency in French, etc: the advertisement also listed a wage lower than the wage listed on the ETA750A
July 1, 2004	2003-INA-95 and 2003-INA-101	INTERSTATE PLUMBING & AIR CONDITIONING	[Heating and AC Installer] Bona fide job opportunity: two U.S. applicants were admittedly qualified, but were subjected to a second interview and to delayed hiring: panel affirmed CO's finding that Employer failed to establish existence of a bona fide job opportunity: panel noted that the case could have been decided on unlawful rejection of U.S. workers grounds
July 1, 2004	2003-INA-216	RELIANCE TECHNOLOGIES, INC.	[Computer Programmer/Analyst] Rejection of U.S. workers: Employer sought a computer programmer/analyst position and listed on the ETA 750A job requirements of a bachelor's degree in engineering or computers and one year of experience: the Employer rejected a U.S. applicant who meet the minimum requirements listed on the ETA 750A based on tests administered during the interview and lack of experience with databases and certain software applications: Employer's rebuttal failed to state how the experience in the specific computer languages and programs was necessary to perform the job opportunity, which the CO had identified as an entry-level, training position: since the applicant meet the qualifications stated in the ETA 750A, labor certification was properly denied
July 6, 2004	2003-INA-141	BARKAT ENTERPRISES	[Office Manager] Rejection of U.S. workers: undisclosed requirement: ETA 750A, box 15, " Other Special Requirements" was created to afford employers the opportunity to list their particular requirements: By failing to specify these additional requirements, the Employer did not put the local job-service personnel and/or the CO on notice, and they were unable to determine whether such a requirement is proper. Bell Communications Research, Inc., 1988-INA-26 (Dec. 22, 1988) (en banc).
July 6, 2004	2003-INA-150	METAL TEK	[Precision Lens Polisher] Good faith efforts to recruit: Creative Cabinet/Loma Linda Foods "as soon as possible" standard: where only five applicants, recruitment was local, and the position did not require extensive credentials, 14 day delay before letters mailed to four of the applicants and 20-day delay before attempting phone call to fifth applicant did not constitute good faith efforts to recruit
July 6, 2004	2003-INA-153	EAST WEST CLINIC	[Medical Records Administrator] Bona fide job opportunity: Employer first applied for a Physician Assistant but later amended the application to state an opening for a Medical Records Administrator, a job whose duties were not similar to the original application: the CO raised the issue of whether the Employer had a bona fide job opportunity: in rebuttal, the Employer indicated that the person who currently filled the Medical Records position was leaving for personal reasons: in the FD, the CO found that there was no current job opening: affirmed - panel noted that there was no evidence that there was a job opening to which a qualified U.S. applicant could be referred at the time of the filing of the application or even at any specific date in the future.
July 6, 2004	2003-INA-170	JANE DOE INTERNATIONAL	[Shipping Clerk] Unduly restrictive job requirement: employer failed to establish business necessity for a two year experience requirement for a shipping clerk position: SVP was 6 months to one year
July 6, 2004	2003-INA-196	ROSE LANDSCAPING	[Landscaper] Full time employment: landscaper: Employer ignored most of the CO's specific documentation requests (e.g., payroll records showing winter employment) and simply supplied a statement to the effect that the Aliens' work was essential and a list of winter time projects: denial of labor certification affirmed
July 6, 2004	2003-INA-198	RICHLINE TEXTILE INC.	[Office Manager] Rejection of U.S. workers: experience as substitute for degree: Employer required a Bachelor's degree and two years of experience for an officer manager position: U.S. applicant had an Associate's degree and seven years of experience: panel affirmed CO's finding that the U.S. applicant was qualified pursuant to 20 C.F.R. § 656.24(b)(2)(ii): the panel wrote: "The CO's explanation of the U.S. applicant's qualifications in the NOF is consistent with long-standing policy. Pursuant to the Handbook for Analyzing Jobs (1972), the average four-year college curriculum (except for liberal arts) is considered the equivalent of about two years of specific vocational preparation. See, e.g., Garland Community Hospital, 1989-INA-217 (June 20, 1991)."
July 6, 2004	2003-INA-200	REGENCY PET	[Animal Keeper, Head] Good faith efforts to recruit: CO requested copies of letters sent to applicants, but Employer only provided a copy of blank form letter (which did not identify the employer or the job advertisement and which provided a return address for the attorney): denial of labor certification affirmed
July 6, 2004	2003-INA-213	ACTIVE LIFESTYLE FOR OLDER ADULTS, INC.	[Administrator, Health Care Facility] Unduly restrictive job requirements: business necessity: the Employer required a Bachelor's Degree in nursing for the position of Administrator, Health Care Facility: CO questioned the nursing degree, noting that the duties seemed to involve business administration: Employer maintained that the California Code of Regulations required such a degree: FD rejected rebuttal, finding that the nursing degree requirement was tailored the Alien's qualfications: panel affirmed denial of labor certification: California regulation cited by Employer did not state that an administrator shall have a degree in nursing
July 7, 2004	2003-INA-90	ELENA'S CARE HOME	[Nurse Assistant] Bona fide job opportunity: familial relationship between alien and employer: Alien and Employer had last name and the Alien had previously been paid a wage much higher than the wage offer in the labor certification application: Employer's rebuttal failed to address familial relationship issue but only stated that there was no ownership interest by the Alien: on review, the Board, while noting that familial relationship is not a per se bar to labor certification, agreed with the CO that the rebuttal was not persuasive
July 7, 2004	2003-INA-90	LUCCI'S CATERING COMPANY	[Manager, Food Service (Catering)] Unduly restrictive job requirements: the Employer failed to establish business necessity for its four year experience requirement for the position of Fast Food Manager: Employer had designated the position as Manager, Food Service (Catering), but the CO reclassified the position on the finding that Employer's menu was mostly soups, salads and sandwiches: in rebuttal, Employer provided copy of wedding catering menu showing more complicated catering dishes: panel found rebuttal not credible to show that it was not a deli catering business insofar as the Employer had rejected two applicants on the ground that they did not want to work for a deli/bakery/sandwich catering shop
July 7, 2004	2003-INA-155	HOLLYWOOD AT THE EL REY, INC.	[Restoration and Maintenance Engineer] Alien's qualifications for the job: Employer's rebuttal evidence attempting to show that the Alien had the requisite qualifications for the job found not credible
July 7, 2004	2003-INA-206	MELMARS GUEST HOME	[Nurse Assistant] Actual minimum requirements: alien's qualifications: Alien's experience caring for a single elderly woman did not establish that the Alien had the now required experience prior to hire: current job included caring for developmentally-disabled, verbally-abusive, handicapped and/or wheelchair-bound patients
July 7, 2004	2003-INA-212	EXCEL VOCATIONAL CENTER	[Accountant] Good faith efforts to recruit: use of questionnaire is not unlawful when used to determine the applicant's knowledge and when the questionnaire is not a term or condition of employment, but merely asks the same types of questions as would be asked in an interview; however, the panel affirmed the CO's denial where the Employer's rebuttal did not submit any documentation or discussion of the person who designed the test, the foundation for the test questions, or why any particular score was a reasonable cutoff for minimally qualified applicants: Employer also did not document the connection between the test and the job duties or that the test is a better indicator of the applicant's educational and experience as listed on the resumes
July 8, 2004	2003-INA-138	FISH CREEK RANCH, LLC	[General Ranch Hand and Equipment Operator] Failure to state grounds for appeal: general statements of disagreement with the CO do not constitute an assignment of error
July 8, 2004	2003-INA-146	STORAGE & RELOCATION SERVICES	[Cleaner, Commercial or Institutional] Good faith efforts to recruit: although the Employer contacted the applicants soon after receipt of the resumes, it scheduled interviews from one month to six weeks later: there were only six applicants , the job only required one month of experience, and the recruitment was local: Employer's undocumented assertion that neither the director of human resources nor the owner were available until then insufficient to rebut
July 8, 2004	2003-INA-147	EXCEL CARE CLINIC, INC.	[Medical Assistant] Unduly restrictive job requirements: business necessity: educational requirement: Bachelor of Science degree with a major in Medical Technology: rebuttal of unsupported, self-serving statements insufficient: attorney's factual theory not evidence if not supported by statemetns of person with knowledge of the facts
July 13, 2004	2003-INA-180	ROSE CELIA ROSATO MA LPC	[Household Cook (Brazilian and Italian cooking)] Unduly restrictive job requirements: business necessity: two year experience requirement in cooking Italian and Brazilian cuisine: Employer's rebuttal statement that such cooking requires detailed knowledge implies, but does not prove, that an otherwise experienced cook could not adapt to cook those types of cuisine within a reasonable period of taking the job.
July 14, 2004	2003-INA-152	PIONEER ELECTRONICS TECHNOLOGY INC.	[Lead Electronics Technician] Actual minimum requirements: alien's qualifications: Employer required one year of experience in the job offered (repair of High Definition Projection TVs): Alien's worked as an electronics technician for the U.S. Navy, but this did not document specific experience in the job offered
July 14, 2004	2003-INA-158	VERDUGO CONSTRUCTION INC.	[Construction Laborer] Good faith efforts to recruit: participation of attorney is a per se violation of the regulations: certified mail return receipts listed address of attorney, the Alien's name and "labor cert" rather than the Employer's address: on rebuttal, Employer argued that use of agent's return address was for "safekeeping" of the return receipt post cards: the panel held that although the letter was from the Employer, on the Employer's letterhead, the interviews were scheduled for the Employer's place of business and the letter clearly indicated the interviews would be conducted by the Employer, "any involvement by the Alien's agent cuts against the purpose of the regulation and is grounds for denial."
July 14, 2004	2003-INA-172	YA RUB INC.	[Sales Manager] Bona fide job opportunity: CO questioned if job as Manager clearly open to qualified U.S. workers where the Employer only had one employee: in rebuttal, Employer deleted managerial duties: panel agreed with CO that this was not a cure: "By removing the managerial duties, the Employer has completely changed the nature of the position."
July 14, 2004	2003-INA-173	AMY & PHILIPPE HEILBERG	[Tutor] Rejection of U.S. workers: Employer unlawfully imposed requirements not stated on the ETA 750A on U.S. applicants such as certifications from the Board of Education, familiarity with certain tests a child was preparing for, computer training and experience with the age group: certification denied
July 14, 2004	2003-INA-174	JERSEY PRECAST CORP.	[Welder] Good faith efforts to recruit: Employer failed to produce any documentation to support its contention that it contacted three qualified U.S. applicants
July 14, 2004	2003-INA-197	SOUTH HILLS COUNTRY HOMES	[Caregiver / Household Domestic Worker] Rejection of U.S. workers: Employer rejected a well qualified U.S. applicant and provided no lawful grounds for that rejection in rebuttal
July 14, 2004	2003-INA-202	MAXINE R. NEWMAN PH.D.	[Psychological Evaluator/Assistant] Bona fide job opportunity: totality of the circumstances test: CO questioned whether the relationship between the Employer and the Alien was more of an association of independent professionals than a true employer-employee relationship, and requested documentation, including information on the ability to pay the Alien's wages: BALCA panel affirmed largely on the ground that the Alien's wage would exceed the Employer's net income
July 20, 2004	2003-INA-175	CELESTE CARLESIMO	[House Worker, General Housekeeper] Good faith efforts to recruit: Employer waited three weeks before contacting applications, mailed letters scheduling interviews within five days of the scheduled date for the interview, and required applicants to bring "all your references" to the interview: Employer also failed to provide any signed certified mail return receipts or to show attempts at phone calls, and rejected a U.S. applicant who had three years of experience while the job only required three months of experience, etc.: certification denied
July 20, 2004	2003-INA-178	RAY SAOUD FARMS, INC.	[Warehouse Supervisor] Actual minimum requirements: alien's qualifications: Employer's proof of the Alien's prior experience did not show supervisory skills now being required:
July 20, 2004	2003-INA-217	EMERALD PAINTING COMPANY	[Supervisor, Painter] Actual minimum requirements: alien's experience: failure to timely file documentation
July 20, 2004	2004-INA-33	STATE STREET BANK	Withdrawal of appeal
July 20, 2004	2004-INA-122	LARRY & DELIA CYRUS FAMILY HOME	Withdrawal of appeal
July 21, 2004	2004-INA-264	SOUTH GATE ROSE PHARMACY	Withdrawal of appeal