BALCA Decision

Employee in Cahoots
With Employer

Emily J. Walder, VMD, 99-INA-123 (BALCA, August 27, 1999)

Employer required a technician to work in a laboratory for biopsies of tissues. The CO had alleged that Employer unlawfully rejected three U.S. workers, however, the rebuttal information clearly established that they were not qualified. Other information in the record suggested that the alien might have gained his qualifications with Employer, in a temporary job working for another physician.

 

The Board ordered the CO to consider whether the alien was actually qualified for the job. Judge Homes concurred but stated that the CO may have gone beyond her authority when she alleged that the employer was not the one stated on the ETA Form. (Remanded, Region IV).