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IMMIGRATION NOVEMBER 26, 2021 | The Indian Eye 41

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not merely reject applicants training the applicant would submitted a business necessity provide details of why the ap-
based on their resumes alone take and explain why the ap- of databases (Lotus Notes and explanation in its recruitment plicant did not meet the duties
but rather interviewed them plicant could not acquire the SharePoint), must have experi- report detailing why it requires or requirements of the position
and only after the interview necessary experience through ence liaising with a technology an understanding of Lotus based on a review of the resume
determined that they did not on-the-job training. However, team to develop/update prod- Notes and SharePoint and why as well as detail the specific pe-
uct enhancement tool, databas-
possess the requisite qualifi- coupled with Kennametal Inc., The key issue for the BALCA From SmartTV Download ZingoTV App
riod of time that training the
job training was not feasible;
cations, namely knowledge in it is clear that what the DOL or es and work flow engines . . . .” the DOL did not contend that applicants would take. A bare
Unigraphics and heat transfer the BALCA really care about these requirements were undu- assertion that it is not feasible
and fluid dynamics. According is that employers investigate was whether or not the employ- ly restrictive; and the resumes to train a U.S. worker will not
to the BALCA, the employ- how long training an unqual- er’s stated minimum require- of the U.S. worker applicants be accepted.
er’s argument that training ified applicant would take. In ments were established as a showed that they did not have [This blog is for
unqualified employees in using Florida Detox Centers, the em- business necessity. Note that in the required skills. Based on informational purposes and
Florida Detox Centers, on the
Unigraphics and learning heat ployer clearly required that an not ask for any specific require-Login|Register with your eMail then
this, the BALCA held that the
should not be considered as a
transfer and fluid dynamics applicant possess two years of other hand, the employer did DOL cannot dismiss the em- substitute for legal advice]
would involve a substantial and experience in a number of job ployer’s stated requirements
unreasonable amount of train- requirements and thus an un- ments which it could establish and substitute its judgment for
ing was “not acceptable.” Ap- qualified applicant could only through business necessity and the employer’s. *Jessica Paszko is a Law Clerk
parently, the employer had not acquire that experience in two instead simply required two Therefore, while employ- at Cyrus D. Mehta & Partners
met its burden in establishing years’ time. Whereas in Kenna- years of experience in the du- ers may survive a labor certifi- PLLC. She graduated with a J.D.
degree from Brooklyn Law School
that it was not feasible to train metal Inc., the employer wholly stated that the employer had Start Watching IndiaLife TV 24 Hours LIVE
cation denial even where they
ties of the offered position. The
in 2021, passed the New York Bar
a U.S. worker. The employer’s failed to consider that training BALCA in JP Morgan Chase fail to interview potentially Examination and is awaiting ad-
failure to substantiate its claims unqualified applicants in two qualified applicants, they must mission to the New York Bar
that the applicants would only specific job duties could take _____________________________________________________________________________________________
be qualified if they already pos- six months, or a reasonable pe- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of
sessed these skills and failure to riod of time. Indeed, had the Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation
give the specific time that train- employer in Kennametal Inc., Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics Committee; special counsel on immi-
ing would take proved fatal to determined that such training gration matters to the Departmental Disciplinary Committee, Appellate Division, First Department, New York;
member of the ABA Commission on Immigration; board member of Volunteers for Legal Services and board
its application. ferently. In JP Morgan Chase You can click www.indialife.tv
would take much longer, the
While Florida Detox BALCA may have decided dif- member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees of the Amer-
Centers may offer a reprieve ican Immigration Council and former chair of the Committee on Immigration and Nationality Law of the New
from the rather harsh ruling of & Co., 2011-PER-01000 (Jul. York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
Matter of Goldman Sachs & 16., 2012), the employer too on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled
on your browser and watch IndiaLife TV 24 Hours
Immigration and Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing
Co. by allowing employers to won based on a resume review the practice of immigration law and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts
reject unqualified candidates alone when the resumes did not in providing pro bono representation in the immigration field. He has also received two AILA Presidential Com-
on the basis of their resumes indicate that the applicants met mendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America
alone, employers must detail the employer’s requirement, by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and Chambers
the specific period of time that which was “Proficiency in Ex- Global 2019 in immigration law, among other rankings.
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