[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR656.23]

[Page 699-700]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 656--LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES--Table of Contents
 
                 Subpart C--Labor Certification Process
 
Sec. 656.23  Applications for labor certifications for Schedule B occupations; requests for waivers from Schedule B.

    (a) Occupations listed on Schedule B require little or no education 
or experience, and employees can be trained quickly to perform them 
satisfactorily. In addition, many of these occupations are entry jobs in 
their industries which offer opportunities for high school graduates and 
other U.S. workers who otherwise would have difficulty finding their 
first employment and gaining work experience. The Director has 
determined that there is generally a nationwide surplus of U.S. workers 
who are available for and who can qualify for Schedule B job 
opportunities which offer prevailing wages and working conditions.
    (b) Some of the occupations on Schedule B are also often 
characterized by relatively low wages, long and irregular working hours, 
and poor working conditions which lead to excessive turnover. In most 
instances, the Director has determined through past experience that the 
employment of aliens has failed to resolve such employment problems 
since the aliens, like U.S. workers, often quickly move to other jobs. 
This results in an adverse effect upon the wages and working conditions 
of U.S. workers who are employed in occupations which require similar 
education and experience.
    (c) Therefore, the Director has determined that for occupations 
listed on Schedule B U.S. workers are generally available throughout the 
United States, and that the employment of aliens in Schedule B 
occupations will generally adversely affect the wages and working 
conditions of U.S. workers similarly employed.

[[Page 700]]

    (d) An individual employer or the employer's attorney or agent may 
petition the regional Certifying Officer for the geographic area in 
which the job opportunity is located for a Schedule B waiver on behalf 
of an alien with respect to a specific job opportunity. The petition 
shall be submitted to the local office serving the geographic area of 
intended employment. The petition shall include a written request for a 
Schedule B waiver, a completed Application for Alien Employment 
Certification form, and the following:
    (1) The documentation required by Secs. 656.20(b), (c), (e), (f), 
and (g) and 656.21; and
    (2) Documentary verification, which the employer has obtained from 
the local job service office which contains the job opportunity in its 
administrative area, that the employer has had a job order for the same 
job on file with the same local office for a period of 30 calendar days 
and that the local office and the employer, using the job order, were 
not able to obtain a qualified U.S. worker.
    (e) The regional Certifying Officer, using the procedures and 
standards set forth in Sec. 656.24, shall either grant or deny the 
waiver and shall inform the employer of the determination in writing.
    (f) If the waiver is granted, the regional Certifying Officer shall 
issue a labor certification.
    (g) If the waiver is denied, the regional Certifying Officer shall 
follow the procedures set forth at paragraphs (c) through (g) of 
Sec. 656.25.

(Approved by the Office of Management and Budget under control number 
1205-0015)

[45 FR 83933, Dec. 19, 1980, as amended at 49 FR 18295, Apr. 30, 1984; 
56 FR 54929, Oct. 23, 1991]