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No Bonafide Job Opportunity Exists if Some Employees to Remain Unsalaried - May 29, 2008
These applications were before the CO in the posture of a request for RIR. In Compaq Computer Corp., 2002-INA-249 (Sept. 3, 2003), a panel of the Board held that when the CO denies an RIR, such a denial should result in the remand of the application to the local job service for regular processing. A remand, however, is not required where the application is so fundamentally flawed that a remand would be pointless, such as here, where the application is so fundamentally flawed that a remand would be pointless, such as here, where the Employer failed to document that a bona fide job opportunity exists.
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