BALCA Upholds Denial for Failure to Wait 30 Days After SWA Order

May 13th, 2009

In Matter of A&S Marble Granite, Inc., 2008-PER-00213, 1/5/09, BALCA upheld the denial of a PERM labor certification application because the employer submitted the application 11 days after end of SWA job order, instead of waiting the requisite 30 days. BALCA found that filing the application before the end of the 30 day period does not allow the employer to give U.S. applicants adequate consideration for the job opportunity.