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Once the SESA completes the review of the recruitment
results submission and the application in general, it sends
the application along with the results submission and other
supporting evidences to Regional Office of Department of
Labor for final review and approval.
The certifying officer at Department of Labor may approve
the application, request more information, or issue a "Notice
of Findings" (NOF) that indicates defects in the application
and provides the employer with a 35 day grace period to
respond that might cause the DOL to reconsider. If the
deadline expires and your employer does not respond, your
denial is final.
If, upon receipt of the additional information, the DOL
still denies certification, your employer may lodge a formal
appeal by submitting a Notice of Appeal to the DOL. Notices
of appeal will be referred to the Board of Alien Labor
Certification Appeals(BALCA), BALCA was created to assure consistency in labor certification adjudications throughout the U.S. If an employer appeals a denial, BALCA will review
the application for labor certification and may either affirm
or reverse the denial or remand the case with instructions to
the certifying officer. But normally BALCA supports the
original DOL findings.
Your final legal appeal is to the United States District
Court. You should do this only if have compelling case, lots
of money and time.
If they approve the application, then they will issue a
labor certification for the position and stamp an official
seal upon the forms, certifying that no U.S. workers are
available for this position.
If the labor certification denial decision is final, you
can't apply for labor certification again within 6 months.
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