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May I post a Notice of Filing for a permanent labor certification indefinitely?

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According to the Labor Department:

Yes, an employer may post a Notice of Filing indefinitely, provided that at the time of filing the permanent labor certification application, the Notice of Filing was posted for at least 10 consecutive business days and those 10 consecutive business days all fell within 30 to 180 days prior to filing the application. In addition, the Notice of Filing must contain the correct prevailing wage information, the correct job description and must comply with all other Department of Labor regulatory requirements.

Does the employer's address need to be included in the advertisement?

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According to the Labor Department:

No, the employer’s physical address does not need to be included in the advertisement. Employers may designate a central office or post office box to receive resumes from applicants, provided the advertisement makes clear where the work will be performed.

BALCA rules that an employer must state at the BEGINNING of the LABOR CERTIFICATION process if it has MULTIPLE OPENINGS.

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On 10/17/06, the U.S. Department of Labor's Board of Alien Labor Certification Appeals (BALCA) issued a ruling in a case, Matter of Custom Landscape Construction, Case No. 2005-INA-181 (10/17/06), in which it addressed the circumstances under which an employer can claim that it actually had MULTIPLE OPENINGS.

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