C.F.R. » Title 20 » CHAPTER V—EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR › PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES › Subpart C—Labor Certification Process

20 C.F.R. § 656.21

Supervised recruitment

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(a) Supervised recruitment. Where the Certifying Officer determines it appropriate, post-filing supervised recruitment may be required of the employer for the pending application or future applications pursuant to § 656.20(b).

(b) Requirements. Supervised recruitment shall consist of advertising for the job opportunity by placing an advertisement in a newspaper of general circulation or in a professional, trade, or ethnic publication, and any other measures required by the CO. If placed in a newspaper of general circulation, the advertisement must be published for 3 consecutive days, one of which must be a Sunday; or, if placed in a professional, trade, or ethnic publication, the advertisement must be published in the next available published edition. The advertisement must be approved by the Certifying Officer before publication, and the CO will direct where the advertisement is to be placed.

(1) The employer must supply a draft advertisement to the CO for review and approval within 30 days of being notified that supervised recruitment is required.

(2) The advertisement must:

(i) Direct applicants to send resumes or applications for the job opportunity to the CO for referral to the employer;

(ii) Include an identification number and an address designated by the Certifying Officer;

(iii) Describe the job opportunity;

(iv) Not contain a wage rate lower than the prevailing wage rate;

(v) Summarize the employer's minimum job requirements, which can not exceed any of the requirements entered on the application form by the employer;

(vi) Offer training if the job opportunity is the type for which employers normally provide training; and

(vii) Offer wages, terms and conditions of employment no less favorable than those offered to the alien.

(c) Timing of advertisement. (1) The advertisement shall be placed in accordance with the guidance provided by the CO.

(2) The employer will notify the CO when the advertisement will be placed.

(d) Additional or substitute recruitment. The Certifying Officer may designate other appropriate sources of workers from which the employer must recruit for U.S. workers in addition to the advertising described in paragraph (b) of this section.

(e) Recruitment report. The employer must provide to the Certifying Officer a signed, detailed written report of the employer's supervised recruitment, signed by the employer or the employer's representative described in § 656.10(b)(2)(ii), within 30 days of the Certifying Officer's request for such a report. The recruitment report must:

(1) Identify each recruitment source by name and document that each recruitment source named was contacted. This can include, for example, copies of letters to recruitment sources such as unions, trade associations, colleges and universities and any responses received to the employer's inquiries. Advertisements placed in newspapers, professional, trade, or ethnic publications can be documented by furnishing copies of the tear sheets of the pages of the publication in which the advertisements appeared, proof of publication furnished by the publication, or dated copies of the web pages if the advertisement appeared on the web as well as in the publication in which the advertisement appeared.

(2) State the number of U.S. workers who responded to the employer's recruitment.

(3) State the names, addresses, and provide resumes (other than those sent to the employer by the CO) of the U.S. workers who applied for the job opportunity, the number of workers interviewed, and the job title of the person who interviewed the workers.

(4) Explain, with specificity, the lawful job-related reason(s) for not hiring each U.S. worker who applied. Rejection of one or more U.S. workers for lacking skills necessary to perform the duties involved in the occupation, where the U.S. workers are capable of acquiring the skills during a reasonable period of on-the-job training, is not a lawful job-related reason for rejecting the U.S. workers. For the purpose of this paragraph (e)(4), a U.S. worker is able and qualified for the job opportunity if the worker can acquire the skills necessary to perform the duties involved in the occupation during a reasonable period of on-the-job training.

(f) The employer shall supply the CO with the required documentation or information within 30 days of the date of the request. If the employer does not do so, the CO shall deny the application.

(g) The Certifying Officer in his or her discretion, for good cause shown, may provide one extension to any request for documentation or information.

Notes of Decisions
Cited in 34 cases (2 in the last 5 years), 1980–2023 · leading case: Eric G. Hall & Hall Enter., Inc. v. Ann D. McLaughlin Sec'y of Labor, 864 F.2d 868 (D.C. Cir. 1989).
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Eric G. Hall & Hall Enter., Inc. v. Ann D. McLaughlin Sec'y of Labor, 864 F.2d 868 (D.C. Cir. 1989). · cites it 7× “20 C.F.R. § 656.21 (a). The application must contain, among other things, a job description setting minimum qualifications; the qualifications must meet certain requirements and must not be unduly restrictive.”
Liberty Fund, Inc. v. Chao, 394 F. Supp. 2d 105 (D.D.C. 2005). · cites it 2× “They emphasize that all of the petitioner employers in this litigation submitted RIR applications — that is, they undertook the recruitment efforts described in 20 C.F.R. § 656.21 (i) to reduce recruitment by the agency and thus enable expedition of their applications.”
Indus. Holographics, Inc. v. Donovan, 722 F.2d 1362 (7th Cir. 1983). · cites it 11× “See 20 C.F.R. § 656.21 (b)(1), (3) and (9) (1980).”
United States v. Sylvia Anita Ryan-Webster, 353 F.3d 353 (4th Cir. 2003). “20 C.F.R. § 656.21 (a) (“[A]n employer who desires to apply for a labor certification on behalf of an alien shall file, *361 signed by hand and in duplicate, a Department of Labor Application for Alien Employment Certification form.”
Rajah, 25 I. & N. Dec. 127 (BIA 2009). “A labor certification is considered properly filed when it was “properly filed and accepted pursuant to the regulations of the Secretary of Labor, 20 CFR 656.21.” 8 C.F.R. § 1245.10 (a)(2); see also De Acosta v.”
Posadas De Puerto Rico Assocs., Inc. v. Sec'y of Labor of the United States, 698 F. Supp. 396 (D.P.R. 1988). · cites it 8× “§ 1182 (a)(14) and 20 C.F.R. § 656.21 , requesting the certification as required for it to permanently employ Ms.”
Tongatapu Woodcraft Hawaii, Ltd. v. Sam I. Feldman, Dist. Dir., Immigr. & Naturalization Serv., 736 F.2d 1305 (9th Cir. 1984). “Tongatapu also unsuccessfully attempted to recruit domestic applicants, using the procedures specified in 20 C.F.R. § 656.21 . In due course, in June 1981 the INS approved the visa petitions submitted on behalf of Molitoni and Veatupu.”
Morrison & Morrison Inc., Emp., & Tom Kyte, Alien v. Sec'y of Labor of the United States, 626 F.2d 771 (10th Cir. 1980). · cites it 3× “Ultimately, however, the Secretary refused to issue the certification after determining that the employer had not complied with 20 C.F.R. § 656.21 (b) (1979) in the following respects: (1) the guaranteed wage offered had to be the prevailing wage paid to similarly situated…”
Gladysz v. Donovan, 595 F. Supp. 50 (N.D. Ill. 1984). · cites it 4× “The Department of Laobr issued a Notice of Findings proposing to deny certification, based upon the employer’s failure to post a notice of the job opportunity which directed prospective job applicants to the employer itself, as required by 20 C.F.R. § 656.21 (b)(3)(i). 2 The…”
Trimble House Corp. v. Marshall, 497 F. Supp. 546 (N.D. Ga. 1980). · cites it 8× “20 C.F.R. § 656.21 (b)(1) (emphasis added).”
Butt v. Gonzales, 500 F.3d 130 (2d Cir. 2007). “is properly filed and accepted by the United States Department of Labor in accordance with 20 CFR 656.21, USCIS will consider the requirements of 8 CFR 245.”
Samuel G. Kooritzky v. Robert B. Reich, Sec'y of Labor, 17 F.3d 1509 (D.C. Cir. 1994). “See 20 C.F.R. § 656.21 . According to appellant, processing the application may take from two months to two years, as the state agency seeks to determine that no American worker is available for the position.”
Show all 34 citing cases →
— 20 C.F.R. § 656.21(b)(2) — 1 case
Eric G. Hall & Hall Enter., Inc. v. Ann D. McLaughlin Sec'y of Labor, 864 F.2d 868 (D.C. Cir. 1989). “20 C.F.R. § 656.21 (a). The application must contain, among other things, a job description setting minimum qualifications; the qualifications must meet certain requirements and must not be unduly restrictive.”
— 20 C.F.R. § 656.21(b)(2)(i)(2004) — 1 case
Ved v. United States Citizenship & Immigr. Servs. (D. Alaska 2023).
— 20 C.F.R. § 656.21(b)(5) — 1 case
Ved v. United States Citizenship & Immigr. Servs. (D. Alaska 2023).
— 20 C.F.R. § 656.21(bX7) — 1 case
Silver Dragon Chinese Restaurant, 19 I. & N. Dec. 401 (BIA 1986).
— 20 C.F.R. § 656.21(g) — 1 case
Interior Developers, Inc. v. Chao, 521 F. Supp. 2d 145 (D.P.R. 2007).
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