20 C.F.R. § 656.26 Board of Alien Labor Certification Appeals review of denials of labor certification.
Title 20 - Employees' Benefits
(a) Request for review. (1) If a labor certification is denied, or revoked pursuant to §656.32, a request for review of the denial or revocation may be made to the Board of Alien Labor Certification Appeals by the employer by making a request for such an administrative review in accordance with the procedures provided in this paragraph (a). The request for review: (i) Must be sent to the Certifying Officer who denied the application within 30 days of the date of the determination; (ii) Must clearly identify the particular labor certification determination for which review is sought; (iii) Must set forth the particular grounds for the request; and (iv) Must include the Final Determination. (2) The request for review, statements, briefs, and other submissions of the parties and amicus curiae must contain only legal argument and only such evidence that was within the record upon which the denial of labor certification was based. (b) Upon the receipt of a request for review, the Certifying Officer immediately must assemble an indexed Appeal File: (1) The Appeal File must be in chronological order, must have the index on top followed by the most recent document, and must have consecutively numbered pages. The Appeal File must contain the request for review, the complete application file, and copies of all the written material, such as pertinent parts and pages of surveys and/or reports upon which the denial was based. (2) The Certifying Officer must send the Appeal File to the Board of Alien Labor Certification Appeals, Office of Administrative Law Judges, 800 K Street, NW., Suite 400–N, Washington, DC 20001–8002. (3) The Certifying Officer must send a copy of the Appeal File to the employer. The employer may furnish or suggest directly to the Board of Alien Labor Certification Appeals the addition of any documentation that is not in the Appeal File, but that was submitted to DOL before the issuance of the Final Determination. The employer must submit such documentation in writing, and must send a copy to the Associate Solicitor for Employment and Training Legal Services, Office of the Solicitor, U.S. Department of Labor, Washington, DC 20210.
Title 20: Employees' Benefits
PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES
Subpart C—Labor Certification Process
§ 656.26 Board of Alien Labor Certification Appeals review of denials of labor certification.
