[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR655.205]

[Page 498-499]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 655--TEMPORARY EMPLOYMENT OF ALIENS IN THE UNITED STATES--Table of Contents
 
Subpart C--Labor Certification Process for Logging Employment and Non-H-
                       2A Agricultural Employment
 
Sec. 655.205  Recruitment period.

    (a) If the RA determines that the temporary labor certification 
application meets the requirements of Secs. 655.201 through 655.203, the 
RA shall promptly notify the employer in writing, with copies to the 
State agency and local office. The notice shall inform the employer and 
the State agency of the specific efforts which will be expected from 
them during the following weeks to carry out the assurances contained in 
Sec. 655.203 with respect to the recruitment of U.S. workers. The notice 
shall require that the job order be placed both into intrastate 
clearance and into interstate clearance to such States as the RA shall 
determine to be potential sources of U.S. workers.
    (b) Thereafter, the RA, under the direction of the ETA national 
office and with the assistance of other RAs with respect to areas 
outside the region, shall provide overall direction to the employer and 
the State agency with respect to the recruitment of U.S. workers.
    (c) By the 60th day of the recruitment period, or 20 days before the 
date of need specified in the application, whichever is later, the RA, 
when making a determination of the availability

[[Page 499]]

of U.S. workers, shall also make a determination as to whether the 
employer has satisfied the recruitment assurances in Sec. 655.203. If 
the RA concludes that the employer has not satisfied the requirement for 
recruitment of U.S. workers, the RA shall deny the temporary labor 
certification, and shall immediately notify the employer in writing with 
a copy to the State agency and local office. The notice shall contain 
the statements specified in Sec. 655.204(d).
    (d) If the employer timely requests an expedited administrative-
judicial review before a DOL Hearing Officer, the procedures in 
Sec. 655.212 shall be followed.