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BALCA Affirmed Matter of Kolla Soft, Inc.

 During the recruitment stage of the PERM process, one of the mandatory efforts that must be completed is the placement of two Sunday advertisements in a newspaper of general circulation. In order to meet the regulatory requirements, 20 CFR §656.17(e)(1)(i)(B)(1), the Sunday newspaper must meet the following three prongs:

  1. Be a newspaper of general circulation in the area of intended employment;
  2. Be most appropriate to the occupation and the workers likely to apply for the job opportunity; and 
  3. Be the paper most likely to bring responses from able, willing, qualified, and available U.S. workers.

 In a recent Board of Alien Labor Certification Appeals (BALCA) case, Matter of Kolla Soft, Inc., BALCA affirmed the Certifying Officer’s (CO) denial of a case because the employer selected a newspaper that was not the most appropriate in the area of intended employment to bring responses from able, willing, qualified, and available US workers. The CO found that the newspaper the employer chose only published three days per week and had only the third largest circulation in the area. Based on this, BALCA concluded “a newspaper that published seven days a week, and had circulation three times the size, was the one “most likely to solicit responses from US workers.” Therefore, BALCA affirmed the CO’s denial.

 In order to avoid the issuance of a denial during the PERM processing, it is imperative that the employer circulates the Sunday newspaper advertisement in the most appropriate newspaper of general circulation that meets the above-listed three prong requirement.

By : Ruth Garbanzo

Ruth Garbanzo assists clients in the beginning stages of their green card process in the Perm Labor Certification Department as well as the final stages of their green card process in the Adjustment of Status Department. Throughout our client’s green card journey, Ruth strives to provide diligent service to each client from start to finish.  

Reddy & Neumann has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on US. Employment-based immigration. We work with both employers and their employees, helping them navigate the immigration process quickly and cost-effectively.