Within 45 days of receiving instructions from the SESA, the employer must report the results of its recruitment efforts to SESA. The report should include evidence that the advertisement did run in the newspaper, along with evidence justifying to the Department of Labor the reasons why any (or all) applicants were not chosen over the applying alien.

If the employer rejects all US workers who applied for the position, it is necessary to submit written justification giving sound business reasons for why each applicant was rejected. The DOL will scrutinize these reasons closely, especially in times of high domestic unemployment. Bear in mind that criteria for rejection must refer specifically to the minimum job qualifications listed in the ad: any US worker deemed to meet the minimum requirements as posted must be offered the job ahead of any alien applicant.