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Office of the Solicitor

Privacy Act Systems - DOL/ETA-7

SYSTEM NAME:

    Employer Application and Attestation File for Permanent and Temporary Alien Workers.

SECURITY CLASSIFICATION:

    None.

SYSTEM LOCATION:

    Office of Foreign Labor Certifications, Employment and Training Administration (ETA), Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210, ETA National Processing Centers, and contractor offices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Employers applying for labor certifications on behalf of alien workers for job opportunities, on a permanent or temporary basis, in private households. The alien may be known or unknown.

CATEGORIES OF RECORDS IN THE SYSTEM:

    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.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    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 Pub. L. 101 - 649. 8 CFR 214.2(h).

PURPOSE(S):

    To maintain a record of applicants and actions taken by ETA on requests to employ alien workers.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    The universal routine uses listed in the General Prefatory Statement to this document apply to this system of records. In addition, case files developed in processing labor certification applications, labor condition applications, or labor attestations, are released: to the employers who 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 (OALJ) and Federal Courts; to participating agencies such as the DOL Office of Inspector General, DOL Wage and Hour Division, Department of Homeland Security, and Department of State in connection with administering and enforcing related immigration laws and regulations; and to the OALJ and Federal Courts in connection with appeals of denials of labor certification requests, labor condition applications, and labor attestations.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

Storage:

    Manual and/or computerized files are stored in the national office, and each of the ETA National Processing Centers.

RETRIEVABILITY:

    Records are retrieved by employer name, case number, occupational type, alien name, attorney/agent name, attorney/agent firm name, application year, re-file information, and area of intended employment.

SAFEGUARDS:

    Access to records is 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 for performance of their official duties.

RETENTION AND DISPOSAL:

    A case file is retained in the office for two years, then transferred to a records center for destruction after three additional years.

SYSTEM MANAGER(S) AND ADDRESS:

    Administrator, Office of Foreign Labor Certifications, U.S. Office of Workforce Security, ETA, 200 Constitution Avenue, N.W., Washington, D.C. 20210.

NOTIFICATION PROCEDURE:

    Inquiries concerning this system can be directed to the system manager listed above.

RECORD ACCESS PROCEDURES:

    Individuals can request access by mailing a request to the appropriate System Manager listed above.

CONTESTING RECORD PROCEDURES:

    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.

RECORD SOURCE CATEGORIES:

    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 workforce agencies, and the resumes and applications of U.S. workers.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

    None.