6. What does the State Workforce Agency do with the filed foreign Labor Certification application?
The SWA reviews the description of job duties and evaluates the employer’s stated minimum requirements for the job. Then it determines the prevailing rate of pay and gives the employer a chance to amend wages and/or requirements that do not comply with Labor Certification.
7. What does the SWA do after the employer files a recruitment report?
The SWA analyzes the employer’s recruitment efforts and the employer’s evaluation of the U.S. applicants, then advises of any deficiencies to be corrected and assembles the documentation to be forwarded to the regional office of the U.S. DOL.
8. What does the DOL regional certifying officer do with the application and supporting documentation once the SWA forwards it to the region?
Once the application and supporting documentation is forwarded to the regional office, the region will analyze the employer’s application and either grant certification or issue a Notice of Findings (NOF – intent to deny). The decision is based on whether the employer has met the requirements of federal regulations governing the foreign Labor Certification program.
9. Where is the appropriate place to file a Labor Certification application involving a foreign worker who will be employed at various unanticipated work sites?
Applications that require the foreign worker to work at several locations in the U.S. should be filed with the SWA having jurisdiction over the area in which the employer’s main office or headquarters is located.
10. Will I be notified once the region receives the file?
Generally, the SWA will notify the employer when the application and all associated documents have been forwarded to the certifying officer in the regional office.