Matter of Margaret Pirovano

Outcome: Labor Certification Denial Reversed

Description: The Certifying Officer of the Office of Foreign Labor Certification in the Department of Labor denied an application for temporary labor certification under the H-2B program claiming that Ms. Pirovano unlawfully rejected a qualified U.S. worker. We were able to establish to the Board of Alien Labor Certification Appeals (BALCA) that the applicant in question was rejected for lawfully related reasons and that the CO's decision was erroneous. The Board agreed and entered an order reversing the decision of the CO and ordering the CO to grant labor certification.