[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: 20CFR656.50]

[Page 692-693]
 
                      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 E--Petitioning Process for Federal Research Agencies
 
Sec. 656.50  Petitioning process.

    Source: 63 FR 13767, Mar. 20, 1998, unless otherwise noted.


    (a) Federal research agencies seeking to have prevailing wages 
determined in accordance with Sec. 656.40(c)(2) shall file a petition 
with the Director, U.S. Employment Service.
    (b) The procedures and information to be included in the petition 
shall be in accordance with administrative directives issued by ETA that 
will specify the procedures to be followed and information that shall be 
filed in support of the petition by the requesting agency.
    (c) The Director shall make a determination either to grant or deny 
the petition on the basis of whether the petitioning agency is a Federal 
research agency, whether most researchers at the petitioning agency have 
a close relationship with teaching as well as research, and whether the 
employment environment for researchers at the petitioning agency 
provides significant intangible and nonpecuniary incentives of the 
nature found at colleges and universities.
    (d) Denials of agency petitions may be appealed to the Board of 
Alien Labor Certification Appeals.
    (1) The request for review shall be in writing and shall be mailed 
by certified mail to the Director, U.S. Employment Service, within 35 
calendar days of the date of the determination, that is by the date 
specified in the Director's determination; shall set forth the 
particular grounds for the request; and shall include all the documents 
which

[[Page 693]]

accompanied the Director's determination.
    (2) Failure to file a request for review in a timely manner shall 
constitute a failure to exhaust available administrative remedies.
    (e) Upon a request for review, the Director 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. The Appeal File shall 
contain the request for review, the complete petition file, and copies 
of all the written material upon which the denial was based.
    (2) The Director shall send the Appeal File to the Board of Alien 
Labor Certification Appeals.
    (f) In considering requests for review of denied petitions, the 
Board of Alien Labor Certification Appeals shall be guided by 
Sec. 656.27.