-- DOL is just avoiding NOF due to past experience of loosing some case.
"(IF/Since the basis for the CO's denial of labor certification had
been adequately rebutted by Employer and was not further addressed
by the CO, the matters are deemed to be successfully rebutted, and
the Board is not at liberty to investigate other aspects of the
application that might have been a basis for denial had the CO
raised them in the NOF."
Quote from court order for case Case No: 2002-INA-00056.
In the Matter of: MEJICO EXPRESS Employer On Behalf of: MARIA ROSA MILOS Alien
Appearance: Victor A. Marin, Esq.for the Employer and the
Alien Certifying Officer: Martin Rios San Francisco, California
Before: Holmes, Vittone and Wood Administrative Law Judges JOHN C. HOLMES
And they are not just willing to find actual deficiencies( if any) for individual cases. And so why not "Auto Remand" ? And why not another case?
Read the full case detail :
http://216.239.41.104/search?q=cach..._MARIA_ROSA_v_MEJICO_EXPRESS-_2002-INA-00056_(JUL_16-_2002)-_CADEC-_163050-_WP.PDF+Martin+Rios+Alien+Labor+Express&hl=en&ie=UTF-8