BALCA Finds Not a Professional Organization for PERM Labor Certification Recruitment

BALCA has found that is not a professional organization for PERM recruitment purposes under 20 CFR §656.17(e)I1)(ii)E), but rather a job search website for IT professionals.  Prithvi Information Solutions LLC, 2011-PER-01112 (BALCA, November 1, 2013).  An employer must conduct certain recruitment before filing a PERM labor certification application to ensure that there are no able, available, willing and qualified US workers for the position.  20 CFR §656.17(e).  If it is a professional position, then it must place a job order and advertise in a newspaper or professional journal, and it must select three additional forms of recruitment of a list of alternatives.  20 CFR §656.17(e)(1).  One of the additional forms of recruitment is through a professional or trade organization.  In Privthi Information Solutions LLC, the employer stated that it used a professional organization –  BALCA found that this was not a professional organization for PERM recruitment purposes because its focus was on IT job search activities and not on professional activities related to professional organizations (original content, academic conferences and research, etc).