Employer Application and Attestation File for Permanent and Temporary
Alien Workers.
None.
ETA, Office of Workforce Security (OWS), Division of Foreign Labor
Certifications, Frances Perkins Building, 200 Constitution Avenue, NW,
Washington, DC 20210; ETA Regional Offices.
Employers who file labor certification applications, labor condition
applications, or labor attestations to employ one or more alien workers on a
permanent or temporary basis. The alien may be known or unknown.
Employers' names, addresses, type and size of businesses, production
data, number of workers needed in certain cases, offer of employment terms to
known or unknown aliens, and background and qualifications of certain aliens,
along with resumes and applications of U. S. workers.
Immigration and Nationality Act, as amended, 8 U.S.C.
1101(a)(15)(H)(i), and (ii), 1184(c),1182(m)and(n), 1182(a) (5)(a), 1188, and
1288. Section 122 of Public Law 101-649. 8 CFR 214.2(h).
To maintain a record of applicants and actions taken by ETA on requests
to employ alien workers.
Case files developed in processing labor certification applications,
labor condition applications, or labor attestations, are released to the
employers which filed such applications, their representatives, and to named
alien beneficiaries or their representatives, if requested, to review ETA
actions in connection with appeals of denials before the Office of
Administrative Law Judges and Federal Courts; to participating agencies such as
the DOL Office of Inspector General, Employment Standards Administration, INS,
and Department of State in connection with administering and enforcing related
immigration laws and regulations; and to the Office of Administrative Law
Judges and Federal Courts in connection with appeals of denials of labor
certification requests, labor condition applications, and labor
attestations.
None.
Manual and/or computerized files are stored in the national office, and
each of the ETA Regional Offices.
Records are maintained on all applications for alien employment
certification labor condition applications, and labor attestations filed by
case number and employer names. Partial data elements from each case file are
stored on the computer and may be accessed by employer or in certain cases, by
the named alien beneficiary.
Access to records provided only to authorized personnel.
The computerized data has a double security access: (1) Initial password
entry to the local area network; and (2) restricted access to alien
certification data is given only to those employees with a need to know the
data in performing their official duties.
Generally retain case file in office for two years, then transfer to a
records center for destruction after three additional years.
Chief, Division of Foreign Labor Certifications, U.S. Office of
Workforce Security, ETA, 200 Constitution Avenue, NW, Washington, DC 20210, and
each Regional Administrator or Associate Regional Administrator of the ETA in
the Regional Offices.
Inquiries concerning this system can be directed to the System Manager
listed above. The appropriate addresses for the Regional Offices are listed
under the section "Responsible Officials" included in this notice.
Individuals can request access to any personal record by mailing a
request to the appropriate System Manager listed above.
Individuals wanting to contest or amend information maintained in this
system should direct their written request to the appropriate System Manager
listed above. The request to amend should state clearly and concisely what
information is being contested, the reasons for contesting, and the proposed
amendment to the information sought.
Information comes from labor certification applications, labor
condition applications, and labor attestations completed by employers. Certain
information is furnished by named alien beneficiaries of labor certification
applications, State Employment Security agencies, and the resumes and
applications of U.S. workers.
None.
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