[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR655.205]

[Page 504]
 
                      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 
 
 Subpart C_Labor Certification Process for Logging Employment and Non-H	
                       2A Agricultural Employment
 
Sec.  655.205  Recruitment period.

    (a) If the OFLC Administrator determines that the temporary labor 
certification application meets the requirements of Sec. Sec.  655.201 
through 655.203, the OFLC Administrator shall promptly notify the 
employer in writing, with copies to the SWA. The notice shall inform the 
employer and the SWA 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 OFLC 
Administrator shall determine to be potential sources of U.S. workers.
    (b) Thereafter, OFLC Administrator, shall provide overall direction 
to the employer and the SWA 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 OFLC 
Administrator, 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 OFLC 
Administrator concludes that the employer has not satisfied the 
requirement for recruitment of U.S. workers, the OFLC Administrator 
shall deny the temporary labor certification, and shall immediately 
notify the employer in writing with a copy to the State agency. The 
notice shall contain the statements specified in Sec.  655.204(d).
    (d) If the employer timely requests an expedited administrative-
judicial review before an Administrative Law Judge, the procedures in 
Sec.  655.212 shall be followed.

[43 FR 10313, Mar. 10, 1978, as amended at 71 FR 35519, June 21, 2006]