Documente Academic
Documente Profesional
Documente Cultură
V (4–1–05 Edition)
700
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Employment and Training Administration, Labor § 656.24
for U.S. workers in addition to the ad- (f) The employer shall supply the CO
vertising described in paragraph (b) of with the required documentation or in-
this section. formation within 30 days of the date of
(e) Recruitment report. The employer the request. If the employer does not
must provide to the Certifying Officer do so, the CO shall deny the applica-
a signed, detailed written report of the tion.
employer’s supervised recruitment, (g) The Certifying Officer in his or
signed by the employer or the employ- her discretion, for good cause shown,
er’s representative described in may provide one extension to any re-
§ 656.10(b)(2)(ii), within 30 days of the quest for documentation or informa-
Certifying Officer’s request for such a tion.
report. The recruitment report must:
(1) Identify each recruitment source § 656.24 Labor certification determina-
by name and document that each re- tions.
cruitment source named was con- (a)(1) The Chief, Division of Foreign
tacted. This can include, for example, Labor Certification is the National
copies of letters to recruitment sources Certifying Officer. The Chief and the
such as unions, trade associations, col- certifying officers in the ETA applica-
leges and universities and any re- tion processing centers have the au-
sponses received to the employer’s in- thority to certify or deny labor certifi-
quiries. Advertisements placed in news- cation applications.
papers, professional, trade, or ethnic (2) If the labor certification presents
publications can be documented by fur- a special or unique problem, the Direc-
nishing copies of the tear sheets of the tor of an ETA application processing
pages of the publication in which the center may refer the matter to the
advertisements appeared, proof of pub- Chief, Division of Foreign Labor Cer-
lication furnished by the publication, tification. If the Chief, Division of For-
or dated copies of the web pages if the eign Labor Certification, has directed
advertisement appeared on the web as that certain types of applications or
well as in the publication in which the specific applications be handled in the
advertisement appeared. ETA national office, the Directors of
(2) State the number of U.S. workers the ETA application processing centers
who responded to the employer’s re- shall refer such applications to the
cruitment. Chief, Division of Foreign Labor Cer-
(3) State the names, addresses, and tification.
provide resumes (other than those sent (b) The Certifying Officer makes a
to the employer by the CO) of the U.S. determination either to grant or deny
workers who applied for the job oppor- the labor certification on the basis of
tunity, the number of workers inter- whether or not:
viewed, and the job title of the person (1) The employer has met the require-
who interviewed the workers. ments of this part.
(4) Explain, with specificity, the law- (2) There is in the United States a
ful job-related reason(s) for not hiring worker who is able, willing, qualified,
each U.S. worker who applied. Rejec- and available for and at the place of
tion of one or more U.S. workers for the job opportunity.
lacking skills necessary to perform the (i) The Certifying Officer must con-
duties involved in the occupation, sider a U.S. worker able and qualified
where the U.S. workers are capable of for the job opportunity if the worker,
acquiring the skills during a reason- by education, training, experience, or a
able period of on-the-job training, is combination thereof, is able to perform
not a lawful job-related reason for re- in the normally accepted manner the
jecting the U.S. workers. For the pur- duties involved in the occupation as
pose of this paragraph (e)(4), a U.S. customarily performed by other U.S.
worker is able and qualified for the job workers similarly employed. For the
opportunity if the worker can acquire purposes of this paragraph (b)(2)(i), a
the skills necessary to perform the du- U.S. worker is able and qualified for
ties involved in the occupation during the job opportunity if the worker can
a reasonable period of on-the-job train- acquire the skills necessary to perform
ing. the duties involved in the occupation
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