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: 25 March 2008
BALCA Case No.: 2007-INA-00263
ETA Case No.:
D-05146-43538
In the Matter of:
EXPRESS LINE CORPORATION,
Employer,
on behalf of
MELCHORA R. TANSIONGCO,
Alien.
Appearance:
Joannie S. Chen, Agent
San Gabriel, California
For the Employer and the Alien
Certifying Officer:
Jenny Elser
Dallas Backlog Elimination Center
1
Before:
Chapman, Wood and Vittone
Administrative Law Judges
DECISION AND ORDER
PER CURIAM. This case arises from the Employer’s request for review of the denial
by a U.S. Department of Labor Certifying Officer (“CO”) of its application for labor
certification. Permanent alien labor certification is governed by section 212(a)(5)(A) of
1 The Backlog Elimination Centers closed effective December 21, 2007. All further correspondence to
the Certifying Officer about this application should be directed to the Chicago Processing Center.
-2-
the Immigration and Nationality Act, 8 U.S.C. §1182(a)(5)(A), and Title 20, Part 656 of
the Code of Federal Regulations (“C.F.R.”).
2
STATEMENT OF THE CASE
On April 24, 2001, the Employer – a freight company – filed an application for
labor certification to enable the Alien to fill the position of Accountant. (AF 165). The
Employer advertised the job in the spring of 2003. (See AF 145-149).
The application was transferred to the Dallas Backlog Elimination Center (AF
24), and a Notice of Findings was not issued until April 18, 2006. (AF 17-19). The NOF
identified ten U.S. applicants that the CO concluded had been unlawfully rejected for
reasons such as being overqualified, having difficulty expressing themselves in English,
and relocation issues. The CO also found that one applicant’s rej