NOF (United Nations or other gurus, pl. help)

WellWisher007

Registered Users (C)
One of my friends got the following NOF and he is not sure what this means. Can any of you suggest on the action items for the rebuttal? Any help would be appreciated

*************************
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.
***************************************
 
UN, I did not understand this statement. Can you please clarify? And Thank you for your quick response. You are very helpful.

unitednations said:
all the quoting of the law is standard issue in NOF.
 
UN, Thank you again!!! you are an 'encyclopedia' in immigration matters. :)

unitednations said:
ignore the quoting of the law. it is standard wording in every notice of findings.

concentrate on what they want.

You are supposed to send in two copies of eta 750a and 750b. Both copies should have original signature.

Your attorney only sent in one copy. they want you to send in another copy with original signatures.
 
United Nations (Please help regarding NOF)

There are two questions that my friend needs to ask with regards to the NOF:
1) If details like "Present Address of Alien" (Item 2 on 750 Part A) has changed, should such changes be made on the new application to be sent?

2) If details like "Rate of Pay" (Item 12 on 750 Part A) has changed, for eg: it is almost 3 years since the date of initial application and his salary has increased. So Should he change the "Rate of Pay" on the new application to be sent to reflect the latest salary?

If the answers to the above questions are "yes", then I assume he has to send two copies of ETA 750 A & B, with original signatures. Correct?

unitednations said:
ignore the quoting of the law. it is standard wording in every notice of findings.

concentrate on what they want.

You are supposed to send in two copies of eta 750a and 750b. Both copies should have original signature.

Your attorney only sent in one copy. they want you to send in another copy with original signatures.
 
Top