---
kind: "range"
citation: "20 C.F.R. §§ 655.140–655.145"
title: "20"
from: "655.140"
to: "655.145"
count: 6
url: "https://uscodex.org/cfr/20/655.140..655.145"
---

# §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.

# §655.142. Submission of modified applications.

- (a) **Submission requirements and certification delays.** If in response to a NOD the employer chooses to submit a modified Application for Temporary Employment Certification or job order, 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)](/cfr/20/655.141.md?p=b) to submit a modified Application for Temporary Employment Certification or job order, up to a maximum of 5 calendar days. The CO may issue one or more additional NODs before issuing a Final Determination. The Application for Temporary Employment Certification will be deemed abandoned if the employer does not submit a modified Application for Temporary Employment Certification or job order within 12 calendar days after the NOD was issued.
- (b) **Provisions for denial of modified Application for Temporary Employment Certification.** If the modified Application for Temporary Employment Certification or job order does not cure the deficiencies cited in the NOD(s) or otherwise fails to satisfy the criteria required for certification, the CO will deny the Application for Temporary Employment Certification in accordance with the labor certification determination provisions in [§ 655.164](/cfr/20/655.164.md).
- (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](/cfr/20/655.171.md).

# §655.143. Notice of acceptance.

- (a) **Notification timeline.** When the CO determines the Application for Temporary Employment Certification and job order 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 the notice will be sent to the SWA serving the area of intended employment.
- (b) **Notice content.** The notice must:
  - (1) Authorize conditional access to the interstate clearance system and direct each SWA receiving a copy of the job order to commence recruitment of U.S. workers as specified in [§ 655.150](/cfr/20/655.150.md);
  - (2) Direct the employer to engage in positive recruitment of U.S. workers under §§ [655.153](/cfr/20/655.153.md) and [655.154](/cfr/20/655.154.md) and to submit a report of its positive recruitment efforts meeting the requirements of [§ 655.156](/cfr/20/655.156.md). If the OFLC Administrator's annual determination of labor supply States under [§ 655.154](/cfr/20/655.154.md) requires the employer to engage in a specific additional positive recruitment activity in a labor supply State, the NOA will describe the precise nature of the additional positive recruitment required and will specify the documentation or other supporting evidence that must be maintained by the employer as proof that positive recruitment requirements were met;
  - (3) State that positive recruitment is in addition to and will occur during the period of time that the job order is being circulated by the SWA(s) for interstate clearance under [§ 655.150](/cfr/20/655.150.md) and will terminate on the date specified in [§ 655.158](/cfr/20/655.158.md);
  - (4) State any other documentation or assurances needed for the Application for Temporary Employment Certification to meet the requirements for certification under this subpart;
  - (5) State that the CO will make a determination either to grant or deny the Application for Temporary Employment Certification not later than 30 calendar days before the first date of need, except as provided for under [§ 655.142](/cfr/20/655.142.md) for modified Applications for Temporary Employment Certification or when the Application for Temporary Employment Certification does not meet the requirements for certification but is expected to before the first date of need; and
  - (6) Where appropriate to the job opportunity and area of intended employment, direct the SWA to provide written notice of the job opportunity to organizations that provide employment and training services to workers likely to apply for the job and/or to place written notice of the job opportunity in other physical locations where such workers are likely to gather.

# §655.144. Electronic job registry.

- (a) **Location of and placement in the electronic job registry.** Upon acceptance of the Application for Temporary Employment Certification under [§ 655.143](/cfr/20/655.143.md), the CO will promptly place for public examination a copy of the job order on an electronic job registry maintained by the Department, including any required modifications approved by the CO, as specified in [§ 655.142](/cfr/20/655.142.md).
- (b) **Length of posting on electronic job registry.** Unless otherwise provided, the Department will keep the job order posted on the electronic job registry in active status until the end of the recruitment period, as set forth in [§ 655.135(d)](/cfr/20/655.135.md?p=d).

# §655.145. Pre-determination amendments to applications for temporary employment certification.

- (a) **Increases in number of workers.** The Application for Temporary Employment Certification may be amended at any time before the CO's certification determination to increase the number of workers requested in the initial Application for Temporary Employment Certification by not more than 20 percent (50 percent for employers requesting less than 10 workers) without requiring an additional recruitment period for U.S. workers. Requests for increases above the percent prescribed, without additional recruitment, may be approved by the CO only when the employer demonstrates that the need for additional workers could not have been foreseen, and the crops or commodities will be in jeopardy prior to the expiration of an additional recruitment period. All requests for increasing the number of workers must be made in writing.
- (b) **Minor changes to the period of employment.** The Application for Temporary Employment Certification may be amended to make minor changes in the total period of employment before the CO issues a final determination. Changes will not be effective until submitted in writing and approved by the CO. In considering whether to approve the request, the CO will review the reason(s) for the request, determine whether the reason(s) are on the whole justified, and take into account the effect any change(s) would have on the adequacy of the underlying test of the domestic labor market for the job opportunity. An employer must demonstrate that the change to the period of employment could not have been foreseen, and the crops or commodities will be in jeopardy prior to the expiration of an additional recruitment period. Upon acceptance of an amendment, the CO will submit to the SWA any necessary modification to the job order.