What does the employer have to do once the state workforce agency reviews and evaluates the application in a “standard” labor certification case?
Once the application is complete, the state workforce agency oversees the employer’s recruitment of U.S. workers, by placing a job order in the statewide job bank system or equivalent. The employer must post an announcement of the job opportunity at its place of business along with a notice of the filing of a labor certification application. The employer must also place an advertisement in whichever publication the state agency determines to be most appropriate for the particular occupation. The state workforce agency will screen resumes from job applicants and then forward apparently qualified resumes to the employer. The employer must interview and evaluate the applicants and file a report with the state workforce agency giving the lawful, job-related reasons why each rejected applicant is not qualified for the position. The employer then forwards its recruitment report to the state workforce agency as evidence of recruitment advertising and in-house posted notice.
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