[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR655.205]

[Page 496-497]
 
                      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 Sec. Sec. 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,

[[Page 497]]

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 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.