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Code of Federal Regulations (Last Updated: November 8, 2024) |
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Title 20 - Employees' Benefits |
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Chapter V - Employment and Training Administration, Department of Labor |
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Part 655 - Temporary Employment of Foreign Workers in the United States |
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Subpart B - Labor Certification Process for Temporary Agricultural Employment in the United States (H-2A Workers) |
§ 655.142 - Submission of modified applications.
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§ 655.142 Submission of modified applications.
(a) Submission requirements and certification delays. If the employer chooses to submit a modified Application for Temporary Employment Certification, the CO's Final Determination will be postponed by 1 calendar day for each day that passes beyond the 5 business-day period allowed under § 655.141(b) to submit a modified Application for Temporary Employment Certification, up to maximum of 5 days. The Application for Temporary Employment Certification will be deemed abandoned if the employer does not submit a modified Application for Temporary Employment Certification within 12 calendar days after the notice of deficiency was issued.
(b) Provisions for denial of modified Application for Temporary Employment Certification. If the modified Application for Temporary Employment Certification is not approved, the CO will deny the Application for Temporary Employment Certification in accordance with the labor certification determination provisions in § 655.164.
(c) Appeal from denial of modified Application for Temporary Employment Certification. The procedures for appealing a denial of a modified Application for Temporary Employment Certification are the same as for a non-modified Application for Temporary Employment Certification as long as the employer timely requests an expedited administrative review or de novo hearing before an ALJ by following the procedures set forth in § 655.171.