The labor certification application is made by the employer on behalf of the alien. The application is filed with DOL's Form ETA750, Parts A (Employer) and B (Alien). Very much care must be taken in how the information is presented in these forms as it is subject to close scrutiny and many internal DOL regulations and it will strongly color the entire subsequent labor certification (LC) process. The LC procedure while being handled by local DOL offices is national in scope. Procedures are very standardized and do not require local knowledge to navigate successfully.[ Return ]
The LC application is filed with the state employment security agency (SESA) office. In some states it is a central office while others it is a local office. Upon receipt of the applications the SESA office date-stamps the application. This date becomes the "Priority Date" for placing the alien in line on the list for available immigrant visas in the appropriate preference category. This priority date will not change unless the LC application is either withdrawn or finally denied.[ Return ]
SESA reviews the application for several things. They check to make sure the application meets the prevailing wage for that occupation either from its files or by conducting a wage survey. They review the description of the job duties and categorize the job in accordance with the DOL Dictionary of Occupational Titles (DOT). This description determines whether the job description applies to more than one job category. It also checks the job duties against the minimum qualifications that the employer has claimed for the job and whether they are justified by business necessity. Finally it reviews the Alien's credentials to determine whether he/she meets the necessary qualification and also to determine whether the job requirements seem specially tailored to the Alien.[ Return ]
After the SESA office determines the LC application is in order it will initiate and oversee the employer's recruitment campaign for US Workers. SESA will:
Job applications from the advertisements are referred to the SESA office which collects the resumes and forwards them to the employer. The employer must evaluate all job applicants whether referred by SESA or directly approached as a result of job postings. The employer must then file a report with SESA documenting why each applicant is not qualified (assuming they are not). SESA forwards this recruitment report, along with the entire file, to the appropriate US DOL Regional Office.[ Return ]
The Regional Certifying Officer (RCO) makes the final determination on the labor certification application. The RCO reviews and evaluates all aspects of the application. Even though it is the state DOL's job to try to make sure everything is in order, the RCO may determine that the application is deficient in certain respects and can give notice to correct or appeal. If the matter is not successfully corrected or appealed then the application is denied and the priority date rescinded,[ Return ]
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Mimi Schooley schooley@new-orleans.neosoft.comThis Page Last Updated:Wed, Dec 28, 1994