Matter of Dearborn Public Schools

DEARBORN PUBLIC SCHOOLS, 1991-INA-222 (Dec. 7, 1993) (en banc)

In this labor certification case, a public school system argued that the "equally qualified" standard limited to college and university teachers under 20 C.F.R. § 656.18(b) and (d), should also apply to other members of the teaching profession, since the underlying statute [INA § 212(a)(5)(A)(i)(I) and § 212(a)(5)(A)(ii)(I)] does not limit the standard to college and university teachers. BALCA held that it did not have authority to invalidate a DOL regulation, even though it agrees that the rule interprets the statute too narrowly.