(a) Under section 212(a)(5)(A) of the Immigration and Nationality
Act (INA or Act) (8 U.S.C. 1182(a)(5)(A)), certain aliens may not obtain
immigrant visas for entrance into the United States in order to engage
in permanent employment unless the Secretary of Labor has first
certified to the Secretary of State and to the Secretary of Homeland
Security that:
(1) There are not sufficient United States workers who are able,
willing, qualified and available at the time of application for a visa
and admission into the United States and at the place where the alien is
to perform the work; and
(2) The employment of the alien will not adversely affect the wages
and working conditions of United States workers similarly employed.
(b) The regulations under this part set forth the procedures through
which such immigrant labor certifications may be applied for, and
granted or denied.
(c) Correspondence and questions about the regulations in this part
should be addressed to: Office of Foreign Labor Certification,
Employment and Training Administration, 200 Constitution Avenue, NW.,
Room C-4312, Washington, DC 20210.