BALCA finds employer failed to prove that the non-electronic PERM application was mailed within the filing window. This conclusion is based on the date it was accepted for processing. BALCA concludes the job order was started 201 days before the application was filed. Therefore, the CO properly denied certification. Matter of Kayok Corporation, 2009-PER-00126 (6/23/09).
A recent Board of Alien Labor Certification Appeals (BALCA) decision provides a crucial reminder: the address on a PERM application alone is not sufficient proof of timely filing when the U.S. Postal Service (USPS) cannot confirm delivery.
In this case, the employer’s denial was upheld because they only submitted the certified mail receipt showing their address. Crucially, they lacked the return receipt showing the DOL’s correct address.
To avoid denial, retain the PS Form 3800 and the PS Form 3811 (green card) showing the Department of Labor’s address as the recipient.
BALCA: Postal receipt without address insufficient to prove PERM was filed within the filing window
The Board of Alien Labor Certification Appeals (BALCA) held that a bare postal receipt lacking the addressee/address does not satisfy an employer’s burden to prove a non-electronic PERM application was mailed within the filing window. Where reliable mailing proof is absent, the Certifying Officer may rely on the date the application was accepted for processing.
Key holdings
- Postal receipt without addressee is insufficient. Receipts that do not show the recipient or address are weak evidence of timely mailing.
- Acceptance date may control. If timely mailing cannot be demonstrated, the NPC/CO acceptance date will determine whether recruitment fell inside the regulatory window.
Best-practice checklist
- Use certified mail with return receipt showing recipient and address; preserve signed PS Form 3811 and tracking history.
- Keep NPC date-stamped acceptance copies and contemporaneous recruitment records.
- Collect corroborating affidavits or vendor logs if using non-electronic mailing methods.
We can audit your PERM evidence and prepare the record or appeal to BALCA if necessary. Contact us for an immediate case review.