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The DOL¡¯s computers will review applications
based on various selection criteria that will allow problematic
applications to be identified for audit. Also, some applications will be
randomly selected for auditing. If an application is selected for
auditing, the employer will be notified and required to submit specific
documentation to verify the information submitted in the ETA 9089. The
documentation will be reviewed by an ETA official and either certified or,
if the application is incomplete of the documentation does not support the
ETA 9089, the application will be denied and the employer will be notified
of the reasons. The Certifying Officer will also have the authority to
request additional information before making a final determination.
The Certifying Officer also has the option in
audited cases of ordering the employer to conduct supervised recruiting.
This might happen, for example, where there are questions arising
regarding the adequacy of an employer¡¯s test of the labor market. The
supervised recruitment process will closely resemble the current
traditional labor certification process (as opposed to the reduction in
recruitment process). The key difference, however, is that the DOL¡¯s
Employment and Training Administration will supervise the recruitment
instead of the SWA. Just as in the current system, at the end of the
recruiting, the employer will be required to submit a recruitment report
outlining the lawful jobrelated reasons why US worker candidates were
rejected. The Certifying Officer will then either certify or deny the
labor certification application.
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