What happens after the certifying officer makes a decision?
If a labor certification is granted, except for a labor certification for an occupation on Schedule A or for employment as a sheepherder, the Certifying Officer must send the certified application and complete Final Determination form to the employer, or, if appropriate, to the employer’s agent or attorney, indicating the employer may file all the documents with the appropriate DHS office. If the labor certification is denied, the Final Determination form will: (1) State the reasons for the determination; (2) Quote the request for review procedures; (3) Advise that failure to request review within 30 days of the date of the determination constitutes a failure to exhaust administrative remedies; (4) Advise that, if a request for review is not made within 30 days of the date of the determination, the denial shall become the final determination of the Secretary; (5) Advise that if an application for a labor certification is denied, and a request for review is not made in accordance with t
