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News From the Courts ORACLE CORPORATION Oracle Corporation (“Oracle”), seeking labor
certification for Software Engineers, submitted requests that the applications
be processed under the Reduction in Recruitment procedure.
Because of layoffs by Oracle Corporation, the Certifying Officer
(“CO”) held that “labor certification cannot be granted when there has
been any loss of job status to U.S. workers and that such workers cannot be
supplanted by foreign worker.” Oracle
then requested reconsideration, which was denied.
On appeal to the Board of Alien Labor Certification Appeals
(“BALCA”), Oracle only requested reversal of the denial of labor
certification and that the application be remanded to the State Workforce Agency
for regular processing. BALCA granted the motion for remand, but also held that the
CO had not abused his discretion. The
Board stated, “The scope of the layoffs supports the CO’s decision not to
accept prior recruitment to support the applications, and therefore we find that
the decision was not arbitrary and capricious or an abuse of discretion.”
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