Panel Upheld Denial Although
CO Failed to Give Instructions

Roger and Sandy de Young, 96-INA-304 (BALCA, October 13, 1999)

The board upheld a denial for the position of Household Manager. The CO had challenged the bona fide nature of the job opportunity, but did not provide specific instructions for rebutting or curing the violation. The employer provided a statement and documentation that did not satisfy the CO and a denial was issued. The panel concurred. However, a dissenting judge wrote, "the CO requested that the employer convincingly document that there was a bona fide full-time permanent job opportunity [but] did not specify what documentation would meet the corrective action requirement." The dissenting judge recalled a recent case, Arrow General, Inc., 99-INA-92, where the board described four essential elements of adequate notice in an NOF: (1) Identify section or subsection of law; (2) Describe nature of the violation; (3) Provide evidence supporting the challenge; and (4) Give instructions for rebutting or curing the violation. (Denied, Region IX).

Reprint No: 99111571