BALCA on Qualifying Experience with Sponsoring Employer
Another notable decision from the Board of Alien Labor Certification Appeals (BALCA). You cannot use experience gained with the employer sponsoring your labor certification to qualify for the position being offered, unless the experience was gained in a sufficiently different position.
Matter of Century Wilshire Hotel, 2007-INA-00022 (10/15/07). [pdf decision]
…the Employer attempted in rebuttal to establish that the Alien gained qualifying experience for its Hotel Manager position while working as a Clerk. Although we might be willing to accept that some hotels may promote clerks to manager, the position taken by the Employer fails to establish that the requirements stated on the application were its actual minimum requirements for the job.