[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: 20CFR656.26]

[Page 702-703]
 
                      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. 656.26  Board of Alien Labor Certification Appeals review of denials of labor certification.

    (a) If a labor certification is denied, a request for review of the 
denial may be made to the Board of Alien Labor Certification Appeals:
    (1) By the employer; and
    (2) By the alien, but only if the employer also requests such a 
review.
    (b) (1) The request for review shall be in writing and shall be 
mailed by certified mail to the Certifying Officer who denied the 
application within 35 calendar days of the date of the determination, 
that is, by the date specified on the Final Determination form; shall 
clearly identify the particular labor certification determination from 
which review is sought; shall set forth the particular grounds for the 
request; and shall include all the documents which accompanied the Final 
Determination form.
    (2) Failure to file a request for review in a timely manner shall 
constitute a failure to exhaust available administrative remedies.
    (3) If the denial of labor certification involves an application for 
a job opportunity as a college or university teacher or an application 
on behalf of an alien represented to be of exceptional ability in the 
performing arts, the employer may designate the names and addresses of 
persons or organizations of specialized competence which the employer 
has asked to submit amicus briefs.
    (4) The request for review, statements, briefs, and other 
submissions of the parties and amicus curiae shall contain only legal 
argument and only such evidence that was within the record upon which 
the denial of labor certification was based.
    (c) Upon the receipt of a request for review, the Certifying Officer 
shall immediately assemble an indexed Appeal File:
    (1) The Appeal File shall be in chronological order, shall have the 
index on top followed by the most recent document, and shall have 
numbered pages. The Appeal File shall contain the request for review, 
the complete application file, and copies of all the written material, 
such as pertinent parts and pages of surveys and/or reports upon which 
the denial was based.
    (2) The Certifying Officer shall send the Appeal File to the Board 
of Alien Labor Certification Appeals, Office of Administrative Law 
Judges, 800 K Street, NW., suite 400, Washington, DC 20001-8002.
    (3) In denials involving college and university teachers and aliens 
represented to be of exceptional ability in the performing arts, two 
additional copies of the Appeal File shall be sent to the Board of Alien 
Labor Certification Appeals.
    (4) The Certifying Officer shall send a copy of the Appeal File to 
the Solicitor of Labor, Attn: Associate Solicitor for Employment and 
Training Legal Services, suite N2101--Frances Perkins Bldg., 200 
Constitution Avenue NW., Washington, DC 20210.
    (5) Unless the certification was denied by the national Certifying 
Officer, the Certifying Officer shall send a copy of the Appeal File to 
the Director.
    (6) The Certifying Officer shall send copies of the index to the 
Appeal File to the employer and to the alien. The Certifying Officer 
shall afford the employer and the alien the opportunity to examine the 
complete Appeal File at the office of the Certifying Officer, for the 
purpose of satisfying the employer and the alien as to the contents. The 
employer and/or the alien may furnish or suggest directly to the Board 
of Alien Labor Certification Appeals the addition of any documentation 
which is not in the Appeal File, but which was submitted prior to the 
issuance of the Final Determination form. The employer and/or the alien 
shall submit such documentation in writing, and shall send a copy to the 
Associate Solicitor for Employment and Training Legal Services, Office 
of the Solicitor, U.S. Department of Labor, Washington, DC 20210.
    (d)--(h) [Reserved]

[[Page 703]]

    (i) If a labor certification has been ordered granted, the 
Certifying Officer shall grant the certification and shall follow the 
document transmittal procedures set forth at Sec. 656.28.

[45 FR 83933, Dec. 19, 1980, as amended at 52 FR 11218, Apr. 8, 1987; 56 
FR 54930, Oct. 23, 1991]