Over the past several months, the U.S. Department of Labor, has issued a spate of PERM denials for use of the “competitive salary” language in Employer’s recruitment efforts, on the grounds that such language places an undue burden and deters US workers from applying for the advertised job opportunity.
Gokare Law Firm felt strongly that these denials were unlawful and ad-hoc, for the following reasons:1. DOL Regulations did not require that advertising include the wage
2. DOL’s FAQs did not require that advertising include the wage
3. Use of “competitive salary” or similar language is in fact a standard practice in all “real world” advertising and it is never a deterrent for US workers who wish to apply for the advertised job opportunity
4. Potential applicants could simply call the employer and inquire about the wages offered
Gokare Law Firm strongly believed that DOL was changing the rules of the game mid-way while the game was in progress. Over the last few months, we brought this matter to the attention of AILA’s DOL Liaison Committee and also we appealed every single such PERM Denial all the way to BALCA.
Finally, on November 16, 2016, in BALCA Case No. 2016-PER-00207, in an Appeal filed by Gokare Law Firm, BALCA has for the first time agreed that Denials for use of the “competitive salary” language is improper as DOL did not cite to any specific regulatory requirement that had been violated and BALCA rejected the use of 20 CFR 656.24(b)(2) as a catch-all denial ground.
GLF is very pleased with this Decision as our Firm’s position and arguments have been finally vindicated after many months of fighting. This Decision should assist hundreds of Employers who had received similar denials over the past several months in having their PERM cases approved now. Please contact GLF if you wish to receive a copy of this Decision. GLF appreciates your trust and confidence in us over the years and we thank you for the support!