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Content Last Revised: 04/01/2005 |
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Code of Federal Regulations Pertaining to ETA |
| Employees' Benefits |
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| Employment and Training Administration, Department of Labor |
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| Labor Certification Process for Permanent Employment of Aliens In the United States |
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| Labor Certification Process |
20 CFR 656.32 - Revocation of approved labor certifications.
- Section Number: 656.32
- Section Name: Revocation of approved labor certifications.
(a) Basis for DOL revocation. The Certifying Officer in consultation
with the Chief, Division of Foreign Labor Certification may take steps
to revoke an approved labor certification, if he/she finds the
certification was not justified. A labor certification may also be
invalidated by DHS or the Department of State as set forth in Sec.
656.30(d).
(b) Department of Labor procedures for revocation. (1) The
Certifying Officer sends to the employer a Notice of Intent to Revoke an
approved labor certification which contains a detailed statement of the
grounds for the revocation and the time period allowed for the
employer's rebuttal. The employer may submit evidence in rebuttal within
30 days of receipt of the notice. The Certifying Officer must consider
all relevant evidence presented in deciding whether to revoke the labor
certification.
(2) If rebuttal evidence is not filed by the employer, the Notice of
Intent to Revoke becomes the final decision of the Secretary.
(3) If the employer files rebuttal evidence and the Certifying
Officer determines the certification should be revoked, the employer may
file an appeal under Sec. 656.26.
(4) The Certifying Officer will inform the employer within 30 days
of receiving any rebuttal evidence whether or not the labor
certification will be revoked.
(5) If the labor certification is revoked, the Certifying Officer
will also send a copy of the notification to the DHS and the Department
of State.
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