[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: 20CFR656.29]

[Page 689]
 
                      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. 656.29  Filing of a new application after the denial of a labor certification.

    (a) A new application for labor certification by the same employer 
involving the same occupation may be filed at any time after the 
expiration of 6 months from the date of a denial of certification by the 
Certifying Officer, except that, if the certification was denied solely 
because the wage or salary offered was below the prevailing wage, the 
employer may reapply immediately pursuant to Secs. 656.21, 656.21a, or 
656.23, as appropriate.
    (b) An alien who is denied a labor certification for a Schedule A 
occupation, except for employment as a physical therapist or as a 
professional nurse, may at any time have an employer file for a labor 
certification on the alien's behalf pursuant to Sec. 656.21. Labor 
certifications for professional nurses and for physical therapists shall 
be considered only pursuant to Secs. 656.10 and 656.22.