[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: 20CFR656.25]

[Page 701-702]
 
                      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. 656.25  Procedures following a labor certification determination.

    (a) After making a labor certification determination, the Certifying 
Officer shall notify the employer in writing of the determination and 
shall send a copy of the notice to the alien.
    (b) If a labor certification is granted, the Certifying Officer 
shall follow the document transmittal procedures set forth at 
Sec. 656.28.
    (c) If a labor certification is not granted, the Certifying Officer 
shall issue to the employer, with a copy to the alien, a Notice of 
Findings, as defined in Sec. 656.50. The Notice of Findings shall:
    (1) Contain the date on which the Notice of Findings was issued;
    (2) State the specific bases on which the decision to issue the 
Notice of Findings was made;
    (3) Specify a date, 35 calendar days from the date of the Notice of 
Findings, by which documentary evidence and/or written argument may be 
submitted to cure the defects or to otherwise rebut the bases of the 
determination, and advise that if the rebuttal evidence and/or argument 
have not been mailed by certified mail by the date specified:
    (i) The Notice of Findings shall automatically become the final 
decision of the Secretary denying the labor certification;
    (ii) Failure to file a rebuttal in a timely manner shall constitute 
a refusal to exhaust available administrative remedies; and
    (iii) The administrative-judicial review procedure provided in 
Sec. 656.26 shall not be available; and
    (4) Quote the rebuttal procedures set forth at paragraphs (d), (e), 
and (f) of this section.
    (d) Written rebuttal arguments and evidence may be submitted;
    (1) By the employer; and
    (2) By the alien, but only if the employer also has submitted a 
rebuttal.
    (e) (1) Documentary evidence and/or written arguments to rebut all 
of the bases of a Notice of Findings, which may include evidence that 
the defects noticed therein have been cured, shall be mailed by 
certified mail on or before the date specified in the Notice of Findings 
to the Certifying Officer who issued the Notice of Findings.
    (2) Failure to file a rebuttal in a timely manner shall constitute a 
failure to exhaust available administrative appellate remedies.
    (3) All findings in the Notice of Findings not rebutted shall be 
deemed admitted.
    (f) If a rebuttal, as described above, is submitted on time, the 
Certifying Officer shall review that evidence in relation to the 
evidence in the file, and shall then either grant or deny the labor 
certification pursuant to the standards set forth in Sec. 656.24(b).
    (g) The Certifying Officer shall send a Final Determination form to 
the employer, and shall send a copy to the alien.
    (1) If a labor certification is granted, the Certifying Officer 
shall follow the document transmittal procedures set forth at 
Sec. 656.28.
    (2) If the labor certification is denied, the Final Determination 
form shall:
    (i) Contain the date of the determination;

[[Page 702]]

    (ii) State the reasons for the determination;
    (iii) Quote the request for review procedures at Sec. 656.26 (a) and 
(b); and
    (iv) Advise that, if a request for review is not made within the 
specified time, the denial shall become the final determination of the 
Secretary.