BALCA approves PERM with 99.95% of stated salary

In a case decided on 28th August 2009, BALCA approved a PERM application where the lower end of the wage range was below 100% of the prevailing wage.  The SWA job order showed that the job order stated a wage range of “$788-$790 per week,” newspaper tear sheets showed a wage of “$789/wk,” and a “Help Wanted” poster showing a wage of “$789.00 Per Week.” Also attached was the SWA prevailing wage determination of $788.40/Weekly. BALCA noted: "In this case, the Employer’s statement of its wage offer was deficient by 40 cents per week (i.e., $19.70 per hour instead of $19.71 per hour). The stated wage offer was approximately 99.95 % of the prevailing wage. Under these precise circumstances, we are willing to round up to 100%. This decision is limited to the precise circumstances of this precise case."