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  <FDSYS>
    <CFRTITLE>20</CFRTITLE>
    <CFRTITLETEXT>Employees' Benefits</CFRTITLETEXT>
    <VOL>3</VOL>
    <DATE>2004-04-01</DATE>
    <ORIGINALDATE>2004-04-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Recruitment period.</TITLE>
    <GRANULENUM>655.205</GRANULENUM>
    <HEADING>Section 655.205</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 20" SEQ="3">Employees' Benefits</PARENT>
      <PARENT HEADING="CHAPTER V" SEQ="2">EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR</PARENT>
      <PARENT HEADING="PART 655" SEQ="1">TEMPORARY EMPLOYMENT OF ALIENS IN THE UNITED STATES</PARENT>
      <PARENT HEADING="Subpart C" SEQ="0">Labor Certification Process for Logging Employment and Non-H-2A Agricultural Employment</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 655.205</SECTNO>
    <SUBJECT>Recruitment period.</SUBJECT>
    <P>(a) If the RA determines that the temporary labor certification application meets the requirements of §§ 655.201 through 655.203, the RA shall promptly notify the employer in writing, with copies to the State agency and local office. The notice shall inform the employer and the State agency of the specific efforts which will be expected from them during the following weeks to carry out the assurances contained in § 655.203 with respect to the recruitment of U.S. workers. The notice shall require that the job order be placed both into intrastate clearance and into interstate clearance to such States as the RA shall determine to be potential sources of U.S. workers.</P>

    <P>(b) Thereafter, the RA, under the direction of the ETA national office and with the assistance of other RAs with respect to areas outside the region, <PRTPAGE P="497"/>shall provide overall direction to the employer and the State agency with respect to the recruitment of U.S. workers.</P>
    <P>(c) By the 60th day of the recruitment period, or 20 days before the date of need specified in the application, whichever is later, the RA, when making a determination of the availability of U.S. workers, shall also make a determination as to whether the employer has satisfied the recruitment assurances in § 655.203. If the RA concludes that the employer has not satisfied the requirement for recruitment of U.S. workers, the RA shall deny the temporary labor certification, and shall immediately notify the employer in writing with a copy to the State agency and local office. The notice shall contain the statements specified in § 655.204(d).</P>
    <P>(d) If the employer timely requests an expedited administrative-judicial review before a DOL Hearing Officer, the procedures in § 655.212 shall be followed.</P>
  </SECTION>
</CFRGRANULE>
