Is there BALCA support for the amendment of job requirements prior to or in connection with advertising the job opportunity?
Yes, see Matter of Electronic Development Corporation, 91-INA-343, 1992 WL 384055. This case is amazingly pertinent. The employer filed a labor certification for an Electronic Engineer with very vague job requirements. It advertised the job with these job requirements. The CO denied the certification for unlawfully rejecting qualified applicants for failing to meet unstated job requirements. The employer acknowledged that it had improperly filled out the ETA 750A form and pleaded for a second chance to amend the requirements. The CO allowed the employer “to amend the ETA form, items 13-15, by enumerating those requirements which had been used as the bases for rejecting the U.S. applicants (i.e. digital, analog and computer systems experience, and synthetic design capability). Furthermore, the CO clearly and specifically directed the Employer to conduct a new recruitment, including a new job order, readvertisement and reposting, and to document the results thereof.” Instances where BALC
