BALCA Case on Validity of the Job Order for the PERM Labor Certification

June 26th, 2012

In Industrial Steel Products, LLC, 2012-PER-00542 (June 21, 2012), BALCA held that the 180-day validity period for the job order should be calculated based on the commencement date of the SWA job order rather than the end date. The regulation at 20 CFR ยง656.17(e) provides that a job order must be placed with the SWA for a period of 30 days and conducted at least 30 days but no more than 180 days before the filing of the labor certification application. BALCA cited Blue Mountain Stone, Inc. 2010-PER-481 (Feb. 24, 2011) for an explanation: “Under the regulations, the SWA job order must have ended at least 30 days prior to the filing of the Form ETA 9089. . . This regulatory requirement is designed to ensure that an employer has sufficient time to receive resumes, make contact with any applicants, conduct interviews and make decisions regarding applicants who have responded to the job . . .”

Therefore, BALCA affirmed the certifying officer’s denial of the labor certification where the employer placed the job order more than 180 days prior to filing the Form ETA 9089 PERM labor certification application.