Holding The DOL Accountable In PERM Labor Certification Adjudications

We applaud Microsoft Corporation and the numerous parties, including the American Immigration Council and the Chamber of Commerce, who filed amicus briefs last week in a consolidated Board of Alien Labor Certification (BALCA) case involving PERM labor certifications filed by Microsoft Corporation on behalf of several of its employees. When the Department of Labor (DOL) oversteps its authority in deciding PERM cases, it is imperative to hold the agency accountable.

The single issue in this case is the requirement in the DOL's PERM regulations that if an employer has had a layoff within the 6 month period prior to filing a PERM labor certification the employer must "notify and consider" potentially laid off workers in the same geographic area of intended employment of the PERM job opportunity. The reason for this requirement is that employers may not file a PERM labor certification application on behalf of an employee unless the employer is able to attest that it has