Megan Homes, Inc., 99-INA-234 (BALCA, July 10, 2000)
In Megan Homes, Inc., 99-INA-234, the Employer paid its landscapers as contract workers, and was unable to provide the documentation requested by the CO, such as payroll records. Since the Employer had not employed any individuals in the past, but rather had used landscape contractors, its payroll activity was thus limited to payments made to those contractors. When the CO denied, the Board held that “not only was the documentation which was requested by the CO unobtainable through reasonable efforts, it was in fact non-existent because of Employer’s past practice of hiring landscape contractors,” and asserted that the CO’s denial was arbitrary and capricious. (Remanded, Region III).
Eduardo Velez¸M.D.,, 99-INA-302 (BALCA, June 7, 2000)
In Eduardo Velez¸M.D., 99-INA-302, the only evidence provided to support a Spanish-language requirement for the position of “Medical Administrator” was a list of Spanish surnames, representing the Employer’s patients. As there was no other evidence required and no way to determine whether the persons with Spanish surnames needed to speak Spanish and not English, the Board held, “The list of names without more is not persuasive as such evidence is unsupported by proof of such incapacity as to all or any of those patients.” (Denied, Region VI).
2201 Group, Inc., 99-INA-45 (BALCA, July 10, 2000)
In 2201 Group, Inc., 99-INA-45, the Employer argued that the prevailing wage, based on an SCA wage determination, was inapposite for the position of “Evaporative Cooler Installer,” mainly because of a great discrepancy in the wages and a lack of information about how the SCA wage was determined. In the instant case, the record was “devoid of any information concerning the source for the SCA wage,” and the Board therefore could not determine whether it was or was not reasonably derived. (Remanded, Region III).
Janet Wells, 97-INA-487 (BALCA, June 7, 2000)
In Janet Wells, 97-INA-487, the CO issued an NOF with the following wording, “No Bona Fide Job: Job Not Clearly Full-Time; Employer Not Clearly Able to Pay Offered Wage.” After providing a detailed response, including tax returns showing substantial income, details about children, entertaining, and personal schedules, the CO denied the application by simply stating, “The length of time required to prepare each meal was not provided as requested in the NOF.” However, on appeal, the Board reviewed the detailed information provided by the Employer and found that the degree and complexity of the employer’s entertaining, as well as providing daily meals for the family – including all the preparation and cleanup that accompanies the providing of such meals – reflects a bona fide job within the meaning of the regulations. (Approved, Region IX).
Brilliant Ideas, Incorporated, 2000-INA-46 (BALCA, May 22, 2000)
In Brilliant Ideas, Incorporated, 2000-INA-46, the Employer wrote to job applicants, but did not provide a return address therein. The Board made a conclusion that it was a highly questionable business practice, and that if the return address was on the envelopes, it was entirely likely that the envelopes were lost, discarded, or destroyed before the information could be gleaned from them. Even if not lost, the Employer’s reliance solely upon a return address on the envelopes “would have a chilling effect upon the applicants, and is not a reasonable effort.” (Denied, Region II).
Juanita C. Mendiola, 2000-INA-84 (BALCA, June 9, 2000)
In Juanita C. Mendiola, 2000-INA-84, the Board found unacceptable the fact that the Employer’s friend, a provincemate, referred the alien to the Employer. The CO objected to the fact that the “alien was recommended by a woman with whom Employer has kind of personal relationship.” The Board then concludes, “It apparently is more than a casual acquaintance.” (Denied, Region III).