[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: 20CFR655.3]

[Page 466]
 
                      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 A_Labor Certification Process for Temporary Employment in 
 
Sec.  655.3  Determinations.

    (a) When received, applications for certification shall be forwarded 
by the State Workforce Agency to the appropriate National Processing 
Center, who will issue them if he or she finds that qualified persons in 
the United States are not available and that the terms of employment 
will not adversely affect the wages and working conditions of workers in 
the United States similarly employed.
    (b) In making this finding, such matter as the employer's attempts 
to recruit workers and the appropriateness of the wages and working 
conditions offered, will be considered. The policies of the United 
States Employment Service set forth in part 652 of this chapter and 
subparts B and C of this part shall be followed in making the findings.
    (c) In any case in which the OFLC Administrator, Employment and 
Training Administration, determines after examination of all the 
pertinent facts before him or her that certification should not be 
issued, he or she shall promptly so notify the employer requesting the 
certification. Such notification shall contain a statement of the 
reasons on which the refusal to issue a certification is based.
    (d) The certification or notice of denial thereof is to be used by 
the employer to support its visa petition, filed with the United States 
Citizenship and Immigration Services of the Department of Homeland 
Security.

[33 FR 7570, May 22, 1968, as amended at 43 FR 10311, Mar. 10, 1978. 
Redesignated and amended at 55 FR 50510, Dec. 6, 1990; 71 FR 35518, 
35521, June 21, 2006]