As part of the temporary labor certification application, the
employer shall include assurances, signed by the employer, that:
(a) The job opportunity is not:
(1) Vacant because the former occupant is on strike or being locked
out in the course of a labor dispute; or
(2) At issue in a labor dispute involving a work stoppage;
(b) During the period for which the temporary labor certification is
granted, the employer will comply with applicable Federal, State and
local employment-related laws, including employment related health and
safety laws;
(c) The job opportunity is open to all qualified U.S. workers
without regard to race, color, national origin, sex, or religion, and is
open to U.S. workers with handicaps who are qualified to perform the
work. No U.S. worker will be rejected for employment for other than a
lawful job related reason;
(d) The employer will cooperate with the employment service system
in the active recruitment of U.S. workers until the foreign workers have
departed for the employer's place of employment by;
(1) Allowing the employment service system to prepare local,
intrastate and interstate job orders using the information supplied on
the employer's job offer;
(2) Placing at least two advertisements for the job opportunities in
local newspapers of general circulation.
(i) Each such advertisement shall describe the nature and
anticipated duration of the job opportunity; offer at least the adverse
effect wage rate; give the \3/4\ guarantee; state that work tools,
supplies and equipment will be provided by the employer; state that
housing will also be provided, and that transportation and subsistence
expenses to the worksite will be provided or paid for by the employer;
(ii) Each advertisement shall direct interested workers to apply for
the job opportunity at a local employment service office in their area;
(3) Cooperating with the employment service system in contacting
farm labor contractors, migrant workers and other potential workers in
other areas
of the State and/or Nation by letter and/or telephone;
(4) Cooperating with the employment service system in contacting
schools, business and labor organizations, fraternal and veterans
organizations, and non-profit organizations and public agencies such as
sponsors of programs under the Comprehensive Employment and Training
Act, throughout the area of intended employment, in order to enlist them
in helping to find U.S. workers; and
(5) If the employer, or an association of employers of which the
employer is a member, intends to negotiate and/or contract with the
Government of a foreign nation or any foreign association, corporation
or organization in order to secure foreign workers, making the same kind
and degree of efforts to secure U.S. workers;
(e) From the time the foreign workers depart for the employer's
place of employment, the employer will provide employment to any
qualified U.S. worker who applies to the employer until fifty percent of
the period of the work contract, under which the foreign worker who is
in the job was hired, has elapsed. In addition, the employer will offer
to provide housing, and the other benefits, wages, and working
conditions required by Sec. 655.202, to any such U.S. worker; and
(f) Performing the other specific recruitment activities specified
in the notice from the RA required by Sec. 655.205(a).
