Thursday, February 9th, 2017

BALCA on ‘Dual-Use’ Recruitment: Matter of Symrise, Inc.

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"The Employer in this case is not attempting to use one of its two Sunday advertisements to meet the requirements of its local newspaper advertisement; rather, it placed a third advertisement in what it purports to be both a newspaper of general circulation and a local newspaper.5  There has been no finding by the CO that The Record is either not a newspaper of general circulation or not a local newspaper. Accordingly, we vacate the CO’s denial and remand for the CO to determine whether The Record meets the criteria of both a local newspaper and a newspaper of general circulation.

5 We do not view the Employer’s recruitment to be in conflict with another OFLC FAQ response that provides that recruitment steps cannot be duplicated. See http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#profno2 (last visited Apr. 24, 2012).  The Employer in this case is not attempting to use one of its two Sunday advertisements in lieu of its local newspaper advertisement;