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U.S. Department of Labor Board of Alien Labor Certification Appeals
800 K Street, NW, Suite 400-N
Washington, DC 20001-800...
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SUBBARAMAN, VAIKUNDAMURTHY, BALCA No.: 2015-PER-00563
ETA No.: A-13126-61655
PITALE, SUYOG VINOD, BALCA No.: 2016-PER-00...
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the regulations or in any less formal issuances, such an FAQ, would have apprised employers of
the need to specifically ...
4
and shall not exceed ten double-spaced pages. Upon the granting of a petition the Board may
order briefs.
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In Re INFOSYS LTD 2016-PER-00158 (SEP 19, 2016) REVERSAL OF IMPROPER DENIAL GROUND

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In Re INFOSYS LTD 2016-PER-00158 (SEP 19, 2016) REVERSAL OF IMPROPER DENIAL GROUND

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In Re INFOSYS LTD 2016-PER-00158 (SEP 19, 2016) REVERSAL OF IMPROPER DENIAL GROUND

  1. 1. U.S. Department of Labor Board of Alien Labor Certification Appeals 800 K Street, NW, Suite 400-N Washington, DC 20001-8002 (202) 693-7300 (202) 693-7365 (FAX) Issue Date: 19 September 2016 In the Matter of: INFOSYS LTD., Employer, on behalf of ALUGOTI, VINOD KUMAR, BALCA No.: 2015-PER-00314 ETA No.: A-13024-34089 KOLANDIVEL, SARAVANA, BALCA No.: 2015-PER-00401 ETA No.: A-13029-35501 KAKARA, VEERA V. SATYA SAI RAVINDRA PRASAD, BALCA No.: 2015-PER-00402 ETA No.: A-13028-34914 MENON, VINOD NANDAKUMAR, BALCA No.: 2015-PER-00475 ETA No.: A-13119-59919 DESHMUKH, PRAVIN VILAS, BALCA No.: 2015-PER-00481 ETA No.: A-13029-35380 SHAH, SUCHIT PRAVINCH, BALCA No.: 2015-PER-00484 ETA No.: A-13073-48238 MALIK, SANDEEP, BALCA No.: 2015-PER-00486 ETA No.: A-13028-35019 VEMU, ANIL KUMAR, BALCA No.: 2015-PER-00489 ETA No.: A-13133-63094
  2. 2. 2 SUBBARAMAN, VAIKUNDAMURTHY, BALCA No.: 2015-PER-00563 ETA No.: A-13126-61655 PITALE, SUYOG VINOD, BALCA No.: 2016-PER-00158 Aliens. ETA No.: A-13298-05673 Certifying Officer: Atlanta National Processing Center Appearance: Jeffrey L. Nesvet, Associate Solicitor Vincent C. Costantino, Senior Trial Attorney Office of the Solicitor Division of Employment and Training Legal Services For the Certifying Officer Mathew C. Morse, Esquire Fakhoury Law Group, PC Troy, Michigan For the Employer Before: Stephen R. Henley, Chief Administrative Law Judge; Paul R. Almanza and Morris D. Davis, Administrative Law Judges DECISION AND ORDER DIRECTING GRANT OF CERTIFICATION PER CURIAM. These matters arises under § 212(a)(5)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(5)(A) and the “PERM” labor certification regulations at 20 C.F.R. Part 656.1 In Infosys Ltd., 2016-PER-00074 (May 12, 2016) (“Lead Decision”), the Employer’s application was denied because the Employer failed to disclose on its Form 9089 or in any of its advertising that the job opportunity encompassed the potential for the worker filling the position to be relocated. In reversing that decision, the Board accepted the Employer’s argument that the possibility of relocation was inherent where the Form 9089 identified the job location as including “various unanticipated locations throughout the U.S.” (Slip op. 8-10). The Board further concluded that the Certifying Officer’s (“CO”) determination that the possibility of relocation needed to be disclosed raised serious issues of fundamental fairness since nothing in 1 “PERM” is an acronym for the “Program Electronic Review Management” system established by the regulations that went into effect on March 28, 2005.
  3. 3. 3 the regulations or in any less formal issuances, such an FAQ, would have apprised employers of the need to specifically disclose the possibility of relocation. (Slip op. 10-12). On July 6, 2016, the Employer filed a “Request for Motion for Summary Reversal” in the above captioned cases alleging that there is no relevant distinction between these cases and the Lead Decision. The CO did not file a response to the Motion. After reviewing the above- captioned cases, we find that the facts and denial grounds at issue are substantially similar to the facts and denial grounds of the Lead Decision. We therefore reverse the CO’s determinations in accordance with the Lead Decision. ORDER Based on the foregoing, IT IS ORDERED that the denials of labor certification in these matters are REVERSED and that these matters are REMANDED for certification pursuant to 20 C.F.R. § 656.27(c)(2). Entered at the direction of the panel by: Todd R. Smyth Secretary to the Board of Alien Labor Certification Appeals NOTICE OF OPPORTUNITY TO PETITION FOR REVIEW: This Decision and Order will become the final decision of the Secretary unless within twenty days from the date of service a party petitions for en banc review by the Board. Such review is not favored and ordinarily will not be granted except (1) when en banc consideration is necessary to secure or maintain uniformity of its decisions, or (2) when the proceeding involves a question of exceptional importance. Petitions must be filed with: Chief Docket Clerk Office of Administrative Law Judges Board of Alien Labor Certification Appeals 800 K Street, NW Suite 400 Washington, DC 20001-8002 Copies of the petition must also be served on other parties and should be accompanied by a written statement setting forth the date and manner of service. The petition shall specify the basis for requesting en banc review with supporting authority, if any, and shall not exceed ten double-spaced pages. Responses, if any, shall be filed within ten days of service of the petition, Digitally signed by TODD R. SMYTH DN: CN=TODD R. SMYTH, OU=LEGAL COUNSEL, O=US DOL Office of Administrative Law Judges, L=Washington, S=DC, C=US Location: Washington DC
  4. 4. 4 and shall not exceed ten double-spaced pages. Upon the granting of a petition the Board may order briefs.

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