The Board of Alien Labor Certification Appeals has affirmed the denial of certifications for Apple Inc. to hire two foreign-born workers as a database administrator and a logistician, finding Monday that one candidate did not have the required qualifications and the other lacked the necessary experience.
The individual Apple sought to employ as a logistician, Shailendra Chaubal, did not have the needed master’s degree in business, operations, supply chain or a related field, the board found. In the case of Pavan Lanka, the job requirements the technology giant listed on its certification application for the database administrator position did not represent the job's actual minimum requirements, according to BALCA’s two orders.
While Chaubal has a master’s in mechanical engineering, Apple failed to establish how his degree was in a field related to business, operations or supply chain, according to BALCA.
“The panel finds there is a difference in being exposed to a few business-related courses during one’s graduate-level matriculation versus being immersed in a full course load of business classes (or a Master’s level business program) while in graduate school,” reads the order in the Chaubal case. “Hence, we affirm the [certifying officer’s] denial of the labor certification application.”
In the Lanka case, Apple appeared willing to hire a worker who did not have the required experience for the job, according to BALCA’s order.
Nabbing a permanent labor certification, or PERM, from the Department of Labor is typically one of the first steps an employer must take to permanently hire a foreign employee. The process is partly aimed at ensuring U.S. workers have a chance to apply for the job.
As part of the process, most employers must advertise the position in newspapers and place a job order with a state workforce agency that serves the area of intended employment.