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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 the procedures, a new application may be
filed at any time; and
(6) Advise that a new
application in the same occupation for the same alien can not be filed
while a request for review is pending with the Board of Alien Labor
Certification Appeals.
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 is appropriate for other reasons, the
employer may be required to conduct supervised recruitment in future
filings of labor certification applications for up to two years from the
date of the Final Determination.
The employer may request
reconsideration within 30 days from the date of issuance of the denial.
The request for reconsideration may not include evidence not previously
submitted. The Certifying Officer may, in his or her discretion,
reconsider the determination or treat it as a request for review.
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