---
kind: "range"
citation: "20 C.F.R. §§ 655.140–655.141"
title: "20"
from: "655.140"
to: "655.141"
count: 2
url: "https://uscodex.org/cfr/20/655.140..655.141"
---

# §655.140. Review of applications.

- (a) **NPC review.** The CO will promptly review the Application for Temporary Employment Certification and job order for compliance with all applicable program requirements, including compliance with the requirements set forth in this subpart, and make a decision to issue a NOD under [§ 655.141](/cfr/20/655.141.md), a Notice of Acceptance (NOA) under [§ 655.143](/cfr/20/655.143.md), or a Final Determination under [§ 655.160](/cfr/20/655.160.md).
- (b) **Mailing and postmark requirements.** Any notice or request sent by the CO(s) to an employer requiring a response will be sent electronically or via traditional methods to assure next day delivery using the address, including electronic mail address, provided on the Application for Temporary Employment Certification. The employer's response to such a notice or request must be filed electronically or via traditional methods to assure next day delivery. The employer's response must be sent by the date due or the next business day if the due date falls on a Sunday or Federal holiday.

# §655.141. Notice of deficiency.

- (a) **Notification timeline.** If the CO determines the Application for Temporary Employment Certification or job order is incomplete, contains errors or inaccuracies, or does not meet the requirements set forth in this subpart, the CO will notify the employer within 7 calendar days of the CO's receipt of the Application for Temporary Employment Certification. A copy of this notification will be sent to the SWA serving the area of intended employment.
- (b) **Notice content.** The notice will:
  - (1) State the reason(s) the Application for Temporary Employment Certification or job order fails to meet the criteria for acceptance;
  - (2) Offer the employer an opportunity to submit a modified Application for Temporary Employment Certification or job order within 5 business days from date of receipt stating the modification that is needed for the CO to issue the NOA;
  - (3) State that the CO's determination on whether to grant or deny the Application for Temporary Employment Certification will be made not later than 30 calendar days before the first date of need, provided that the employer submits the requested modification to the Application for Temporary Employment Certification or job order within 5 business days and in a manner specified by the CO; and
  - (4) State that if the employer does not comply with the requirements of [§ 655.142](/cfr/20/655.142.md), the CO will deny the Application for Temporary Employment Certification.