BALCA denies PERM for exceeding the SVP

In a case decided on 9 August 2009, BALCA upheld the denial of labor certification.

Globalnet Management L.C. (“Employer”) filed an Application for Permanent Employment Certification on behalf of the Alien for a “Market Research Analyst” position. The Employer required a Bachelor‟s degree in Business Administration and 2 years of experience. Alternatively, the Employer noted in section H that it would accept a High School diploma and 14 years of experience. It also noted that it would accept 168 months (14 years) of experience in “any suitable combination of education, training or experience.” On August 3, 2007, the CO denied certification on the ground that“[t]he alternative requirements listed in Form ETA 9089 Items H-8 and H-10 are not substantially equivalent to the primary requirements listed in H-4 and H-6. Specifically, the employer‟s combination of education and experience, a High School Diploma and 14 years of experience in the job offered; OR the employer‟s alternative experience of 168 months in any suitable combination of education, training or experience, is not substantially equivalent to the employer‟s primary requirements of a Bachelor‟s degree in Business Administration and 24 months experience in the job offered.” The CO cited 20 C.F.R. § 656.17(h)(4)(i) as its authority for denial, which states that “alternative experience requirements must be substantially equivalent to the primary requirements of the job opportunity for which certification is sought.”   BALCA agreed with the CO and upheld denial.