[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: 20CFR655.3]

[Page 461]
 
                      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 A--Labor Certification Process for Temporary Employment in 
 Occupations Other Than Agriculture, Logging, or Registered Nursing in 
                    the United States (H-2B Workers)
 
Sec. 655.3  Determinations.

    (a) When received, applications for certification shall be forwarded 
by the local office of the State employment service to the appropriate 
Regional Administrator, Employment and Training Administration, who will 
issue them if he or she finds that qualified persons in the United 
States are not available and that the terms of employment will not 
adversely affect the wages and working conditions of workers in the 
United States similarly employed.
    (b) In making this finding, such matter as the employer's attempts 
to recruit workers and the appropriateness of the wages and working 
conditions offered, will be considered. The policies of the United 
States Employment Service set forth in part 652 of this chapter and 
subparts B and C of this part shall be followed in making the findings.
    (c) In any case in which the Regional Administrator, Employment and 
Training Administration, determines after examination of all the 
pertinent facts before him or her that certification should not be 
issued, he or she shall promptly so notify the employer requesting the 
certification. Such notification shall contain a statement of the 
reasons on which the refusal to issue a certification is based.
    (d) The certification or notice of denial thereof is to be used by 
the employer to support its visa petition, filed with the District 
Director of the Immigration and Naturalization Service.

[33 FR 7570, May 22, 1968, as amended at 43 FR 10311, Mar. 10, 1978. 
Redesignated and amended at 55 FR 50510, Dec. 6, 1990]