Volume IX, Issue 4 July/August 2015

In This Issue
1. Congratulations to iWatch Winner
2. BALCA Reaffirms Newspaper's Headquarters Address Does Not Determine Circulation Area
3. United States Unemployment Rate Remains Under 6%
4. PERM Processing Times as of 8/10/2015


Clients' Comments Corner:
See what our clients are saying about us!


1. Congratulations to iWatch Winner

Congratulations to Jane Wang from Roseland, NJ, who won the USADWEB drawing for a brand new Apple iWatch at the AILA Conference in National Harbor at the end of June. We look forward to seeing everyone next year when the Conference returns to Las Vegas!

2. BALCA Reaffirms Newspaper's Headquarters Address Does Not Determine Circulation Area

The Board of Alien Labor Certification Appeals (BALCA) has taken up the issue in the past of a newspaper’s headquarters address and how it affects the selection of an appropriate paper of general circulation. The Department of Labor (DOL) regulations at 20 C.F.R. § 656.17(e)(1)(i)(B)(1) require an employer to advertise in two Sunday editions of a newspaper of general circulation in the area where the job is located. In the recent Matter of Hoffman Enclosures Inc., d/b/a Pentair Technical Products (August 2015), BALCA reaffirmed that a newspaper’s area of circulation is not determined by where the newspaper is published.

The Certifying Officer (CO) denied the employer’s application for labor certification because the employer advertised one Sunday in the San Antonio Express-News, which is headquartered four hours away from Pharr, Texas, where the job is located. The employer ran their second Sunday ad in The Monitor, which was not challenged by the CO. The employer requested reconsideration on the basis that the San Antonio Express-News is circulated throughout South Texas, including the city of Pharr. The circulation department at the Express-News verified this information. The employer argued that based on the wide circulation of the newspaper, including its circulation in a major metropolitan area such as San Antonio, this paper was the best choice to test the “largest pool of available U.S. workers.”

BALCA upheld the employer’s argument, based on “uncontroverted evidence that the Express-News is a newspaper of general circulation in Pharr….Accordingly, because the Express-News is a newspaper of general circulation in the area of intended employment, the fact that it happens to be published in San Antonio is of no legal consequence.” This is consistent with BALCA’s decision in the Matter of Wal-Mart Stores Inc (March 2013), which concluded that the CO was confusing the address where a newspaper is headquartered with its area of circulation.

The Board further noted that in areas where more than one paper is circulated, the responsibility of the CO is to determine whether the employer has advertised in the more “appropriate” paper of general circulation, regardless of where the paper is published. “Nothing in the regulations requires an Employer to use the newspaper with the highest circulation in the area of intended employment, nor does anything in the regulations require an Employer to use a newspaper published closest to the area of intended employment.” The Express-News circulates in Pharr; therefore the employer satisfied the requirement to advertise in a paper of general circulation in the area of intended employment. However, BALCA declined to elaborate on what constitutes the more appropriate paper when there is a choice between two papers, because the CO did not make that a basis of the denial.

3. United States Unemployment Rate Remains Under 6%

As the United States unemployment rate continues to decline below 6%, USADWEB will be discontinuing monthly updates. If the unemployment rate changes to the point that it significantly impacts labor certification cases again, we will resume this monthly feature. Previous unemployment rate charts can still be found in our NewsBlast archives on our website.

4. PERM Processing Times as of 8/10/2015

PERM processing times are important to you and your clients. Therefore, each month USADWEB is pleased to be able to update you on the current processing times for reviews, audits, and appeals as reported on www.icert.doleta.gov:

PERM Processing Times
Processing Queue Priority Dates
Month Year
Analyst Reviews January 2015
Audits April 2014
Reconsideration Requests to the CO May 2015
Gov't Error Reconsiderations Current

The Office of Foreign Labor Certification (OFLC) is working diligently to reduce the Permanent Labor Certification Program's pending caseload. The dates on the above table reflect the month and year in which applications are now being adjudicated at the Atlanta National Processing Center. If you need assistance with an application that was filed more than 3 months prior to the month posted, you can contact the OFLC Helpdesk at plc.atlanta@dol.gov.

Clients' Comments Corner

USADWEB provides impeccable service and reliant customer service -- we know we can count on them to provide the utmost service to us so that we can pass on the highest quality of service to our clients.

(Boston, MA)


About USADWEB

USADWEB, LLC. is an innovative advertising agency that understands the immigration needs of companies placing recruitment advertising for labor certification cases in PERM, supervised recruitment, and H2B processes. For more than half a decade, we have helped law offices and companies all over the United States meet the Department of Labor's recruiting requirements. Take advantage of our expertise and relationships with publications throughout the country. Our knowledgeable staff has experience placing all forms of recruitment: newspapers, periodicals, journals, internet job search postings, campus recruitment, radio ads, and more. Contact a representative for more information on placing your ads today!


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USADVolume IX, Issue 4 July/August 2015


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