One of my friends got the following NOF and he is not sure what this means. If any of you guys got the same NOF, can you suggest on the action items for the rebuttal? Any help would be appreciated
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Detail of Findings
This notice of findings is issued because the employment conditions described would adversely affect the wages and working conditions of U.S. workers similarly employed, and/or because you have failed to comply with Federal regulations governing the labor certification process for the permanent employment of aliens in the U.S. at Title 20 CFR 656.
656.21(a) Except as otherwise provided by 656.21a and 656.22, an employer who desires to apply for a labor certification on behalf of an alien shall file, signed by hand and in duplicate, a Department of Labor Application for Alien Employment Cerfitification form and any attachments required by this Part with local Job Service office servicing the area where the alien proposes to be employed.
656.21(a)(1) The employer shall set forth on the Application for Alien Employment Certification form, as appropriate, or in attachments: a statement of the qualifications of the alien, signed by the alien; and
656.21(a)(2) The employer shall set forth on the Application for Alien Employment Certification form, as appropriate, or in attachments a description of the job offer for the alien employment, including the items required by paragraph (b) of this section.
The ETA 750, Part A indicates the petitioning employer is recruiting for a Programmer Analyst in location A, State B. The DOL requires all the Applications for Alien Employment Certification be submitted in duplicate. A review of the case file reveals the absence of 2 original copies of the form ETA 750, Parts A & B. In order to continue this application, the employer will need to submit 2 original copies of the ETA 750, Parts A & B. The ETA 750, Parts A & B, must contain original and appropriate signatures in the appropriate spaces. Photocopied signatures are unacceptable.
A copy of the Form 750, Parts A & B, has been returned in the event any changes are necessary. The amended copies must be returned with your resubmission. Any amendments mad to the ETA 750, Part A, must be initialed and dated by the employer; and any amendments made to the ETA 750, Part B, must be initialed and dated by the alien, as appropriate.
It is the employer's responsibility to submit rebuttal evidence in a timely manner directly to the Certifying Officer.
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