Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 20 - Employees' Benefits |
Chapter V - Employment and Training Administration, Department of Labor |
Part 655 - Temporary Employment of Foreign Workers in the United States |
Subpart A - Labor Certification Process for Temporary Non-Agricultural Employment in the United States (H-2B Workers) |
Labor Certification Determinations |
§ 655.53 - Denied certification.
Latest version.
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§ 655.53 Denied certification.
If a temporary labor certification is denied, the CO will send the Final Determination letter to the employer by means normally assuring next day delivery, including electronic mail, and a copy, if applicable, to the employer's attorney or agent. The Final Determination letter will:
(a) State the reason(s) certification is denied, citing the relevant regulatory standards;
(b) Offer the employer an opportunity to request administrative review of the denial under § 655.61; and
(c) State that if the employer does not request administrative review in accordance with § 655.61, the denial is final and the Department of Labor will not accept any appeal on that Application for Temporary Employment Certification.