(a) When received, applications for certification shall be forwarded
by the local office of the State employment service to the appropriate
Regional Administrator, Employment and Training Administration, who will
issue them if he or she finds that qualified persons in the United
States are not available and that the terms of employment will not
adversely affect the wages and working conditions of workers in the
United States similarly employed.
(b) In making this finding, such matter as the employer's attempts
to recruit workers and the appropriateness of the wages and working
conditions offered, will be considered. The policies of the United
States Employment Service set forth in part 652 of this chapter and
subparts B and C of this part shall be followed in making the findings.
(c) In any case in which the Regional Administrator, Employment and
Training Administration, determines after examination of all the
pertinent facts before him or her that certification should not be
issued, he or she shall promptly so notify the employer requesting the
certification. Such notification shall contain a statement of the
reasons on which the refusal to issue a certification is based.
(d) The certification or notice of denial thereof is to be used by
the employer to support its visa petition, filed with the District
Director of the Immigration and Naturalization Service.
[33 FR 7570, May 22, 1968, as amended at 43 FR 10311, Mar. 10, 1978.
Redesignated and amended at 55 FR 50510, Dec. 6, 1990]
