ORACLE CORPORATION
Case nos. 2004-INA-103 through 109
2004 BALCA Lexis 241

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.”