BALCA affirms the CO’s denial of the PERM application, as the job order was conducted more than 180 days before filing. The employer argued that the untimely filing was due in part to problems with the OFLC system. BALCA finds employer bears responsibility for not filing by mail in a timely manner. Matter of Art O Frame, 2009-PER-00150 (6/30/09).

The Board of Alien Labor Certification Appeals (BALCA) found that the employer was responsible for several problems with the OFLC system. These problems included failing to properly document the recruitment process, using inaccurate job requirements in the recruitment process.