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: 17 October 2006
BALCA Case No.
ETA Case No.
In the Matter of:
CUSTOM LANDSCAPE CONSTRUCTION,
on behalf of
Certifying Officer: Martin Rios
San Francisco, California
Scott Blank, Owner1
Pro Se For the Employer
Burke, Chapman and Vittone
Administrative Law Judges
DECISION AND ORDER
PER CURIAM. This case arises from an 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 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 We base our decision on the record upon which the CO denied
1 Peter H. Morgan of the National Immigration Center appeared as the agent for the Employer and the Alien before
the Certifying Officer; however, the appeal was filed pro se by the Employer's owner.
2 This application was filed prior to the effective date of the “PERM” regulations. See 69 Fed. Reg. 77326 (Dec.
27, 2004). Accordingly, the regulatory citations in this decision are to the 2004 edition of the Code of Federal
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certification and the Employer's request for review, as contained in the appeal file ("AF"), and
any written arguments. 20 C.F.R. §656.27(c).
STATEMENT OF THE CASE
On March 26, 2001, the Employer filed an application for labor certification on behalf of
the Alien for the position of Landscaper/Gardener. (AF 26-27).
On September 13, 2004, the CO issued a Notice of Finding (NOF) indicating intent to
deny the application on two g