Under what authority can the Department of Labors Office of Foreign Labor Certification select an employers application for supervised recruitment?
• 20 CFR 656.21 provides, “Where the Certifying Officer determines it appropriate, post-filing supervised recruitment may be required of the employer for the pending application or future applications pursuant to 20 CFR 656.20(b),” and 20 CFR 656.24(f) provides, in part, “If the Certifying Officer determines the employer substantially failed to produce required documentation, or the documentation was inadequate, or determines a material misrepresentation was made with respect to the application, or if the Certifying Officer determines it appropriate for other reasons, the employer may be required to conduct supervised recruitment pursuant to §656.21 in future filings of labor certification applications for up to two years from the date of the Final Determination.
20 CFR 656.21 provides, “Where the Certifying Officer determines it appropriate, post-filing supervised recruitment may be required of the employer for the pending application or future applications pursuant to 20 CFR 656.20(b),” and 20 CFR 656.24(f) provides, in part, “If the Certifying Officer determines the employer substantially failed to produce required documentation, or the documentation was inadequate, or determines a material misrepresentation was made with respect to the application, or if the Certifying Officer determines it appropriate for other reasons, the employer may be required to conduct supervised recruitment pursuant to §656.21 in future filings of labor certification applications for up to two years from the date of the Final Determination.
Related Questions
- My spouse’s employer has filed a PERM Labor Certification on his behalf. Shall I have my employer file a PERM Labor Certification application on my behalf as well?
- For purposes of posting the Notice of Filing for a permanent labor application, what does the Office of Foreign Labor Certification count as a "business day"?
- Under what authority can the Department of Labors Office of Foreign Labor Certification select an employers application for supervised recruitment?
