In The Matters of Albert Einstein Medical Center and Abington Memorial Hospital, the Board of Alien Labor Certification Appeals (BALCA) reviewed the Employment and Training Administration Certifying Officer (CO)'s denial of permanent labor certification applications made by two hospitals on behalf of their foreign medical residents. The CO's denial was on the grounds that the medical resident positions do not constitute permanent employment. BALCA determined that most medical residency programs do not constitute permanent employment. It vacated the denials and remanded the appeals to the CO to provide them with an opportunity to demonstrate that their residency programs fit the definition of permanent employment as required under the PERM regulations.