A new application for labor certification by the same
employer involving the same occupation may be filed at any
time after the expiration of 6 months from the date of a
denial of certification by the Certifying Officer, except
that, if the certification was denied solely because the
wage or salary was below the prevailing wage, the employer
may reapply immediately pursuant to §§ 656.21,
656.21a, or 656.23, as appropriate.
The employer violated § 656.29(a) where it did not wait
the required six months before filing a second application
involving the same alien and position. Superior Technical
School, 90-INA-37 (Jan. 2, 1991).
An alien who is denied a labor certification for a
Schedule A occupation, except for employment as a
physical therapist or as a professional nurse, may at any
time have an employer file for a labor certification on the
alien's behalf pursuant to § 656.21. Labor
certifications for professional nurses and for physical
therapists shall be considered only pursuant to
§§ 656.10 and 656.22.
