Heres the DOL letter
Dear Sir/Madam:
Your application for alien employment certification on behalf of xxxxxxx as a Systems
Analyst is herewith returned without processing because of the following reason(s):
1. Upon review of the alien's qualifications, it does not appear that he/she meets all the requirements found at Item 14 of the ETA 750, Part A. It does not appear that the alien has had two (2) years of experience in the job offered or in a related occupation involving the implementing or supporting of ERP or MRP packages. The burden is upon the employer to show otherwise.
2. According to the employer's recruitment report, despite its recruitment efforts it has had "difficulty finding qualified people for a number of open positions, partly due to the shortage of qualified information technology specialists in this geographic region as well as nationally." However, the Regional Office is very aware that the labor market has changed, with an increased availability of U.S. workers. In addition, the employer did not adequately address the regulations stated at 20 CFR 656.210) which requires the employer to provide the following: (1) identify each recruitment source by
name; (2) state the number of U.S. workers responding to the employer's recruitment; (3) state the names, addresses, and provide resumes, if any, of the U.S. workers interviewed for the job opportunity; (4) state job title of the person who interviewed each worker; and (5) explain with specificity the lawful job-related reasons for not hiring each U.S. worker interviewed. As a result, the employer's waiver request for Reduction in Recruitment (RIR) processing of the application cannot be approved without additional testing of the labor market.
In evaluating an Application for Alien Employment Certification for RIR processing, the Certifying Officer must determine: I) whether the employer conducted an adequate test of the labor market, and 2) whether able, willing and qualified U.S. workers are available for the occupation. Based upon my review of available labor market information and your recruitment report, I am not satisfied that accepting the RIR is appropriate.
The employer has three options in response to this letter: 1) withdraw the application, 2) request the application be remanded back to the State Workforce Agency (SWA) for regular processing, or 3) continue to pursue the RIR waiver request.
To continue to pursue the RIR waiver request, the employer must publish one additional
advertisement. The advertisement should be consistent with the advertisement(s) submitted in the original RIR request. It may be more detailed than.the original advertisement(s); however, any job duties or requirements included in the additional advertisement must also appear on the ETA 750A. The employer must allow at least two weeks for u.S. workers to respond to the advertisement. If the employer has an ongoing recruitment campaign for this occupation, the employer may use an advertisement that was published within the past six (6) months. If the additional advertisement does
not meet the requirements stated in this paragraph, the RIR waiver request will be denied and the application will be remanded to the SWA for supervised recruitment.
The employer must submit a copy of the additional advertisement and a recruitment report on the results of the advertisement within sixty (60) days from the date of this letter. No time extensions will be granted. The report must specify the number of applicants who responded to the advertisement and how many were interviewed. It must also provide specific, lawful, job-related reasons for rejecting any U.S. applicant. Incomplete, vague, or unclear recruitment results may result in a denial of the RIR request and a remand of the application to the SWA for supervised recruitment. Please note, if the employer utilizes an advertisement that was placed within the past six (6) months of the date of this letter, the employer must submit a detailed recruitment report at the level of individual positions and document reasons why specific individuals were not selected. In all cases, it is suggested that the employer include resumes of U.S. applicants
with the recruitment results. All correspondence should be sent to the address shown above.
Upon receipt of the employer's response, this office will consider the RIR request based on the advertisement submitted and the results of this additional recruitment and, pursuant to 20 CFR Part 656.21 (i)(4), will advise the employer whether the RIR is granted.
If the employer does not respond within sixty (60) days from the date of this letter, we will consider the application to have been abandoned and no further action will be taken.
Sincerely,
Raymond Moritz
Certifying Officer
Attachment(s): ETA 750A, ETA 750B
