In its brief, the U.S. Chamber argues that the Board of Alien Labor Certification Appeals (“BALCA”) should reverse the certifying officer’s decision that Microsoft did not satisfy the “notify and consider” requirements in 20 C.F.R. § 656.17(k). The Chamber’s brief argues that Microsoft’s notification and consideration procedures satisfied § 656.17(k), but further notes that § 656.17(k) fails to provide sufficiently clear governing standards by which employers can develop and implement a foreign labor certification system with confidence that it will subsequently be deemed sufficient. The Chamber’s brief further argues that the Department of Labor should use notice and comment rulemaking to adopt regulatory provisions defining and clarifying the “notify and consider” requirement, and it urges BALCA to recommend to the Department to pursue that rulemaking as soon as possible.
Marketa Lindt, Marjorie Baltazar, Quin M. Sorenson and Robert Stander of Sidley Austin LLP represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center, Inc.