Home > Uncategorized > “Good-faith” recruitment effort for labor certification – from BALCA

“Good-faith” recruitment effort for labor certification – from BALCA

February 5th, 2007

Before a labor certification can be approved by the Department of Labor (DOL), the Employer must show that they have made a good-faith effort to recruit qualified U.S. workers.

The Board of Alien Labor Certification Appeals (BALCA) reversed a labor certification denial, in a decision released January 19, 2007, finding that the Employer made a good-faith recruitment effort for a Cook position. Outback Steakhouse, 2005-INA-00096. 

HTML version of Outback Steakhouse, 2005-INA-00096.
PDF version of Outback Steakhouse, 2005-INA-00096.

From the decision:

"An employer does not need to establish actual contact with applicants in order to establish good faith recruitment efforts. M.N. Auto Electric Corp., 2000-INA-00165 (Aug 8, 2001)(holding that reasonable efforts are sufficient). It is clear that this Employer made reasonable efforts to contact all three applicants. The Employer provided copies of the certified mail receipts, demonstrating that it mailed recruitment letters through certified mail, return receipt requested, to the addresses provided on the applicants’ resumes. Each of the certified mail receipts was postmarked and each letter requested that the applicant contact the Employer if interested in setting up an interview.

The Employer then went a step further and followed the letters with two phone calls to each applicant at a number provided on his resume. The Employer recorded the dates, times, and circumstances of each call attempt, which further demonstrates reasonable efforts to contact the U.S. applicants. M.N. Auto Electric Corp., 2000-INA-00165 (Aug 8, 2001). Additionally, attempting to contact each applicant through two different means of communication demonstrates good faith effort. Diana Mock, 1988-INA-255 (Apr 9, 1990)(noting that where there are a small number of applicants, reasonable effort to recruit may require more than a single method of contacting applicants); Bruce A. Fjeld, 1988-INA-333 (May 26, 1989)(holding that merely calling a telephone number and not writing a letter can constitute a failure to make reasonable efforts to contact an applicant).

Although the Employer’s efforts were not vigorous, they were reasonable and constitute good faith efforts under the Act. Accordingly, based on the above, we find that the Employer made a good-faith effort to recruit qualified U.S. workers and that applicants were rejected solely for lawful job-related reasons."

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