[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: 20CFR656.3] [Page 667-669] 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 A--Purpose and Scope of Part 656 Sec. 656.3 Definitions, for purposes of this part, of terms used in this part. Act means the Immigration and Nationality Act, as amended, 8 U.S.C. 1101 et seq. Administrative Law Judge means an official appointed pursuant to 5 U.S.C. 3105. Agent means a person who is not an employee of an employer, and who has been designated in writing to act on behalf of an alien or employer in connection with an application for labor certification. Application means an Application for Alien Employment Certification form and any other documents submitted by an alien and/or employer (or their agents) in applying for a labor certification under this part. Area of intended employment means the area within normal commuting distance of the place (address) of intended employment. If the place of intended employment is within a Metropolitan Statistical Area (MSA), any place within the MSA is deemed to be within normal commuting distance of the place of intended employment. Assistant Secretary means the Assistant Secretary of Labor for Employment and Training, the chief official of the Employment and Training Administration. Attorney means any person who is a member in good standing of the bar of the highest court of any State, Possession, Territory, or Commonwealth of the United States, or the District of Columbia, and who is not under any order of any court or of the Board of Immigration Appeals suspending, enjoining, restraining, disbarring, or otherwise restricting him or her in the practice of law. Attorney General means the chief official of the U.S. Department of Justice or the designee of the Attorney General. Board of Alien Labor Certification Appeals means the permanent Board of Alien Labor Certification Appeals established by this part, chaired by the Chief Administrative Law Judge, and consisting of Administrative Law Judges assigned to the Department of Labor and designated by the Chief Administrative Law Judge to be members of the Board of Alien Labor Certification Appeals. The Board of Alien Labor Certification Appeals is located in Washington, DC, and reviews and decides appeals in Washington, DC. Certifying Officer means a Department of Labor official who makes determinations about whether or not to grant applications for labor certifications: (1) A regional Certifying Officer designated by a Regional Administrator, Employment and Training Administration (RA) makes such determinations in a regional office of the Department; (2) A national Certifying Officer makes such determinations in the national office of the USES. (3) The addresses of the regional Certifying Officers are set forth in Sec. 656.60 of this part. Chief Administrative Law Judge means the chief official of the Office of Administrative Law Judges of the Department of Labor. Consular Officer means an official of the U.S. Department of State who handles applications for labor certifications pursuant to this part. Director means the chief official of the United States Employment Service or the Director's designee. Employment means permanent full-time work by an employee for an employer other than oneself. For purposes of this definition an investor is not an employee. Employment and Training Administration (ETA) means the agency within the Department of Labor (DOL) which includes the United States Employment Service (USES). Employer means a person, association, firm, or a corporation which currently has a location within the United States to which U.S. workers may be referred for employment, and which proposes to employ a full-time worker [[Page 668]] at a place within the United States or the authorized representative of such a person, association, firm, or corporation. For purposes of this definition an ``authorized representative'' means an employee of the employer whose position or legal status authorizes the employee to act for the employer in labor certification matters. Final Determination form means the form used by the Certifying Officer to notify employers (and aliens) of labor certification determinations (and was formerly known as the ``Determination and Transmittal form''). Immigration and Naturalization Service (INS) means the agency within the U.S. Department of Justice which administers that Department's principal functions under the Act. Immigration Officer means an official of the Immigration and Naturalization Service (INS) who handles applications for labor certifications pursuant to this part. INS, see Immigration and Naturalization Service. Job opportunity means a job opening for employment at a place in the United States to which U.S. workers can be referred. Labor certification means the certification to the Secretary of State and to the Attorney General of the determination by the Secretary of Labor pursuant to section 212(a)(14) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(14)): (1) That there are not sufficient U.S. workers who are able, willing, qualified, and available at the time of an alien's application for a visa and admission to the United States and at the place where the alien is to perform the work; and (2) That the employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers. Local Employment Service office and local office mean a full-time office of a State Employment Service agency (also known as a State Employment Security Agency (SESA) also known as a State employment service), which is maintained for the purpose of providing placement and other services of the Employment Service System, and which serves a particular geographic area within a State. Unless specified otherwise in this part, the local office performing the functions required by this part shall be the local Employment Service office serving the area where the job opportunity is located. Notice of Findings means a notice which sets for the bases upon which a Certifying Officer intends to deny a labor certification unless the bases are satisfactorily rebutted. Occupation designated for special handling means an occupation, described at Sec. 656.21a, for which DOL has determined that special labor market tests are appropriate. Physicians (and/or surgeons) means persons who apply the art and science of medicine or surgery primarily in patient care to the diagnosis, prevention, and treatment of human diseases, disorders of the mind, and pregnancy. This definition includes persons practicing medicine, surgery, osteopathy, psychiatry, and opthamology. The physician or surgeon may specialize in treating a specific area of the body, or a particular disease, sex, or age group. Professional nurses means persons who apply the art and science and nursing, which reflects comprehension of principles derived from the physical, biological, and behavioral sciences. Professional nursing generally includes the making of clinical judgements concerning the observation, care, and counsel of persons requiring nursing care; and administering of medicines and treatments prescribed by the physician or dentist; the participation in activities for the promotion of health and the prevention of illness in others. A program of study for professional nurses generally includes theory and practice in clinical areas such as: obstetrics, surgery, pediatrics, psychiatry, and medicine. This definition includes only those occupations within Occupational Group No. 075 of the Dictionary of Occupational Title (4th ed.) Regional Administrator, Employment and Training Administration (RA) means the chief official of the Employment and Training Administration (ETA) in a Department of Labor (DOL) regional office. Schedule A means the list of occupations set forth at Sec. 656.10, with respect to which the Director has determined [[Page 669]] that there are not sufficient United States workers who are able, willing, qualified and available, and that the employment of aliens in such occupations will not adversely affect the wages and working conditions of United States workers similarly employed. Schedule B means the list of occupations set forth in Sec. 656.11, with respect to which the Director has determined that there are generally sufficient United States workers who are able, willing, qualified and available, and that the employment of aliens in such occupations will generally adversely affect the wages and working conditions of the United States workers similarly employed. Secretary means the Secretary of Labor, the chief official of the U.S. Department of Labor, or the Secretary's designee. Secretary of State means the chief official of the U.S. Department of State or the Secretary of State's designee. United States, when used in a geographic sense, means the fifty States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam. United States Employment Service (USES) means the agency of the U.S. Department of Labor, established under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), which is charged with administering the national system of public employment offices (the Employment Service (ES) System) and with carrying out the functions of the Secretary under section 212(a)(14) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(14)). United States worker means any worker who is a U.S. citizen; is a U.S. national; is lawfully admitted for permanent residence; is granted the status of an alien lawfully admitted for permanent residence under 8 U.S.C. 1160(a), 1161(a), or 1255a(a)(1); is admitted as a refugee under 8 U.S.C. 1157; or is granted asylum under 8 U.S.C. 1158. [45 FR 83933, Dec. 19, 1980, as amended at 52 FR 11219, Apr. 8, 1987; 52 FR 20596, June 2, 1987; 56 FR 54930, Oct. 23, 1991. Redesignated and amended at 56 FR 54930, Oct. 23, 1991; 63 FR 13767, Mar. 20, 1998; 65 FR 80238, Dec. 20, 2000]