(a) Request for review. (1) If a labor certification is denied, or
revoked pursuant to Sec. 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.
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(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.
