Visa Denial Over Missing Report Upheld

A green card appeal has been rejected due to lack of sufficient information as to efforts to recruit a domestic candidate.

A Texas school district appealed the U.S. Department of Labor. A panel of three judges of the Board of Alien Labor Certification Appeals found the district didn’t provide the necessary details regarding searching for a domestic candidate. They stated that regardless of the information being noted elsewhere in the application, they did not provide an appropriate report. As such, the visa denial was entered.

“The [certifying officer] correctly determined that the recruitment report submitted by the employer in response to the audit notification letter did not describe the recruitment steps taken,” the board said. “The employer states that its audit response cured the deficiency noted by the CO. We disagree.”

For the work-visa application process, employers generally need to prove that hiring a foreign worker won’t result in displacing a domestic worker. Naturally, to demonstrate this, the hiring organization must show a level of domestic recruitment efforts.

The school district stated that a similar approach has been used in the past, noting recruitment efforts elsewhere in the submission. The district also claimed submissions with that approach had been approved. However, this puts undue pressure and time requirements on the reviewer of the application.

If you have questions about your work-visa application or status, contact one of our attorneys at ILBSG. We put your extensive experience to work for you to ensure you get the right advice.