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ARTICLE · 27 MAY 2019

BALCA Approval Of Equivalency Language Is A Double Edged Sword

In Matter of NCS Pearson, Inc., (2015 PERM 110, January 24, 2019), BALCA reversed the decision of the CO who denied the PERM labor application because the employer did not specify the exact combination of education, ...

United StatesConsumer Protection

In Matter of NCS Pearson, Inc., (2015 PERM 110, January 24, 2019), BALCA reversed the decision of the CO who denied the PERM labor application because the employer did not specify the exact combination of education, training, and experience equivalent to a bachelor's degree that would be acceptable. BALCA held that the language used by the employer was acceptable to indicate that it would accept as an alternative to a bachelor's degree "[a]ny combination of edu, tng, and/or exp equivalent to a bachelor's degree as determined by written eval.""

Note, however, that the degree equivalence, as stated, relates to the evaluation of an academic diploma that is not based on purely academic studies, and, as such, does not support a 2nd Preference application requiring an advanced degree or a 3rdPreference Professional requiring a Bachelor's Degree.

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