On May 28, 2013, the Board of Alien Labor Certification Appeals (“BALCA”) issued a decision in Matter of VB Hospitality LLC that reiterated that the Department of Labor (“DOL”) is not entitled to a presumption that its mail is delivered. This case involves a labor certification that was filed for the position of maid. The case was selected for audit on April 28, 2011 and a deadline of May 30, 2011 was set for the employer’s response. The case was denied on June 9, 2011 because the Certifying Officer (“CO”) found that the employer had not responded to the audit. The employer submitted a request for redetermination to the DOL and included attestations from the employer’s attorney’s General Manager stating that an audit response was not received and evidence that the employer’s attorney had timely responded to earlier requests from the DOL about this case. BALCA reviewed prior case law and found that “the CO is not entitled to a presumption of delivery of mail sent by the National Processing Center in the absence of proof of its internal mailing procedures.” The case was vacated and returned to the CO for further processing. While this case does provide support for employers who do not receive correspondence from the DOL, employers should remain cognizant of the importance of checking all mail for any requests from a government agency.