(a) If the RA determines that the temporary labor certification
application meets the requirements of Secs. 655.201 through 655.203, the
RA shall promptly notify the employer in writing, with copies to the
State agency and local office. The notice shall inform the employer and
the State agency of the specific efforts which will be expected from
them during the following weeks to carry out the assurances contained in
Sec. 655.203 with respect to the recruitment of U.S. workers. The notice
shall require that the job order be placed both into intrastate
clearance and into interstate clearance to such States as the RA shall
determine to be potential sources of U.S. workers.
(b) Thereafter, the RA, under the direction of the ETA national
office and with the assistance of other RAs with respect to areas
outside the region, shall provide overall direction to the employer and
the State agency with respect to the recruitment of U.S. workers.
(c) By the 60th day of the recruitment period, or 20 days before the
date of need specified in the application, whichever is later, the RA,
when making a determination of the availability of U.S. workers, shall
also make a determination as to whether the employer has satisfied the
recruitment assurances in Sec. 655.203. If the RA concludes that the
employer has not satisfied the requirement for recruitment of U.S.
workers, the RA shall deny the temporary labor certification, and shall
immediately notify the employer in writing with a copy to the State
agency and local office. The notice shall contain the statements
specified in Sec. 655.204(d).
(d) If the employer timely requests an expedited administrative-
judicial review before a DOL Hearing Officer, the procedures in
Sec. 655.212 shall be followed.
