Attorney Vaughn G.T. Cook., a Director at Torkildson, Katz, Moore, Hetherington & Harris, Attorneys at Law, has recently been credited with earning a favorable decision from the United States Department of Labor on behalf of a highly deserving client.
The matter in question concerned the Waikiki Resort Hotel, which had applied for a labor certification from the U.S. Department of Labor ("DOL") that would have enabled the company to apply for permanent residence for one of their employees as a market research analyst. The Application for Permanent Employment Certification was initially denied by a Certifying Officer (CO) of the DOL due to a reference to "background and reference checks" in the employer's job order with a State Workforce Agency (SWA).
In preparing the request for reconsideration, Director Cook pointed out - and the CO conceded - that the content of the job order was not governed by the DOL regulation, 20 CFR § 656.24(b)(2), that had been cited in the initial denial. However, the CO argued that the inclusion of background and reference checks in the job posting may have created a disincentive for U.S. workers to apply for the job.
In a favorable decision for the employer, the Board of Alien Labor Certification Appeals ruled that the CO was using the cited regulation as a "catch-all" to reject any action that the CO found problematic, regardless of whether a specific regulatory requirement was violated. As such, the matter was remanded for certification.
Thanks to Director Cook's representation, the Waikiki Resort Hotel has gained a valuable employee and an immigrant with a promising future will now have the opportunity to live and work in the United States on a permanent basis. We congratulate Director Cook and his client on their victory before the Board.