The Need for Travel Requirements in PERM Advertisements

In a recent BALCA Decision, In re MILLC, Case No. 2011-PER-01256, BALCA affirmed the Certifying Officer’s decision denying employer’s labor certification application for failure to include travel requirements in its advertising. The employer’s Form 9089 stated that travel between 34% to 45% of the time is required. Their newspaper advertisements though did not include this requirement. BALCA cited 20 C.F.R. § 656.17(f)(4) which states that “Advertisements placed in newspapers of general circulation or in professional journals before filing the Application for Permanent Employment Certification must… indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity.” BALCA concluded that the ads did not sufficiently indicate the geographic area of employment for the job opportunity described in Form ETA 9089 Section H.

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