(a) Supervised recruitment. Where the Certifying Officer determines
it appropriate, post-filing supervised recruitment may be required of
the employer for the pending application or future applications pursuant
to Sec. 656.20(b).
(b) Requirements. Supervised recruitment shall consist of
advertising for the job opportunity by placing an advertisement in a
newspaper of general circulation or in a professional, trade, or ethnic
publication, and any other measures required by the CO. If placed in a
newspaper of general circulation, the advertisement must be published
for 3 consecutive days, one of which must be a Sunday; or, if placed in
a professional, trade, or ethnic publication, the advertisement must be
published in the next available published edition. The advertisement
must be approved by the Certifying Officer before publication, and the
CO will direct where the advertisement is to be placed.
(1) The employer must supply a draft advertisement to the CO for
review and approval within 30 days of being notified that supervised
recruitment is required.
(2) The advertisement must:
(i) Direct applicants to send resumes or applications for the job
opportunity to the CO for referral to the employer;
(ii) Include an identification number and an address designated by
the Certifying Officer;
(iii) Describe the job opportunity;
(iv) Not contain a wage rate lower than the prevailing wage rate;
(v) Summarize the employer's minimum job requirements, which can not
exceed any of the requirements entered on the application form by the
employer;
(vi) Offer training if the job opportunity is the type for which
employers normally provide training; and
(vii) Offer wages, terms and conditions of employment no less
favorable than those offered to the alien.
(c) Timing of advertisement. (1) The advertisement shall be placed
in accordance with the guidance provided by the CO.
(2) The employer will notify the CO when the advertisement will be
placed.
(d) Additional or substitute recruitment. The Certifying Officer may
designate other appropriate sources of workers from which the employer
must recruit
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for U.S. workers in addition to the advertising described in paragraph
(b) of this section.
(e) Recruitment report. The employer must provide to the Certifying
Officer a signed, detailed written report of the employer's supervised
recruitment, signed by the employer or the employer's representative
described in Sec. 656.10(b)(2)(ii), within 30 days of the Certifying
Officer's request for such a report. The recruitment report must:
(1) Identify each recruitment source by name and document that each
recruitment source named was contacted. This can include, for example,
copies of letters to recruitment sources such as unions, trade
associations, colleges and universities and any responses received to
the employer's inquiries. Advertisements placed in newspapers,
professional, trade, or ethnic publications can be documented by
furnishing copies of the tear sheets of the pages of the publication in
which the advertisements appeared, proof of publication furnished by the
publication, or dated copies of the web pages if the advertisement
appeared on the web as well as in the publication in which the
advertisement appeared.
(2) State the number of U.S. workers who responded to the employer's
recruitment.
(3) State the names, addresses, and provide resumes (other than
those sent to the employer by the CO) of the U.S. workers who applied
for the job opportunity, the number of workers interviewed, and the job
title of the person who interviewed the workers.
(4) Explain, with specificity, the lawful job-related reason(s) for
not hiring each U.S. worker who applied. Rejection of one or more U.S.
workers for lacking skills necessary to perform the duties involved in
the occupation, where the U.S. workers are capable of acquiring the
skills during a reasonable period of on-the-job training, is not a
lawful job-related reason for rejecting the U.S. workers. For the
purpose of this paragraph (e)(4), a U.S. worker is able and qualified
for the job opportunity if the worker can acquire the skills necessary
to perform the duties involved in the occupation during a reasonable
period of on-the-job training.
(f) The employer shall supply the CO with the required documentation
or information within 30 days of the date of the request. If the
employer does not do so, the CO shall deny the application.
(g) The Certifying Officer in his or her discretion, for good cause
shown, may provide one extension to any request for documentation or
information.
