What does the U.S. Department of Labor do with the labor certification application after receiving it from the state work force agency?
After the state work force agency forwards the application (“standard” or “RIR” case) and supporting documentation to the regional office of the U.S. Department of Labor, the regional DOL office reviews the labor certification application and either “certifies” (i.e., approves) the application or issues a Notice of Findings. A Notice of Findings is simply a document stating that the DOL intends to deny the application and explaining why it intends to deny it. (Sometimes, the regional DOL office sends a request for the employer to conduct additional advertising.) The DOL considers the originally submitted application, together with any additional information the employer may have subsequently provided, and then makes a decision. The decision is based on whether the DOL believes the employer has met the requirements of the federal regulations governing the foreign labor certification program.
Related Questions
- What does the employer have to do once the state workforce agency reviews and evaluates the application in a "standard" labor certification case?
- What does the state workforce agency do after the employer files a recruitment report in a "standard" labor certification case?
- What does the State Workforce Agency (SWA) do with the filed foreign labor certification application?
