U.S. Department of Labor
Board of Alien Labor Certification Appeals
800 K Street, NW, Suite 400-N
Washington, DC 20001-8002
(202) 693-7365 (FAX)
Issue Date: 09 September 2010
In the Matter of:
on behalf of
Certifying Officer: William Carlson
Atlanta Processing Center
Lesley Amano, Esquire
Miles & Stockbridge P.C.
For the Employer
Gary M. Buff, Associate Solicitor
Frank P. Buckley, Attorney
Office of the Solicitor
Division of Employment and Training Legal Services
For the Certifying Officer
Colwell, Johnson and Rae
Administrative Law Judges
DECISION AND ORDER
AFFIRMING DENIAL OF CERTIFICATION
PER CURIAM. This matter arises under Section 212 (a)(5)(A) of the Immigration and
Nationality Act, 8 U.S.C. §1182(a)(5)(A), and the “PERM” regulations found at Title 20,
Part 656 of the Code of Federal Regulations (“C.F.R.”).
On April 4, 2006, the Certifying Officer (“CO”) accepted for filing the
Employer’s Application for Permanent Employment Certification for the position of
“Chief Executive Officer.” (AF 155-167).
The Employer indicated in section C-9 of the
application that it was “a closely held corporation, partnership or sole proprietorship in
which the alien has an ownership interest.” (AF 155).
On April 28, 2006, the CO issued an Audit Notification, finding that the
application showed that the Employer is a closely held corporation, partnership or sole
proprietorship. (AF 48-51). The CO directed the Employer to submit several documents
showing its corporate structure and finances, as well as documentation evidencing
recruitment. (AF 51).
On May 23, 2006, the Employer responded to the Audit, attaching: a copy of its
Articles of Incorporation; a list of directors and officers and their titles and po