Possible list of NOFs
SK_31 said:
Well, my manager just called 202-693-3010 and was told that a NOF will be sent shortly. He did not have any more details. This is really frustrating. I have seen that most of the NOF's mentioned here are for conversion from RIR to Non RIR, Is there any other reason for issuing NOF?
The following is a list of possible NOFs. It does not cover all the NOFs. But these are the most common. This is taken from their training manual appendix.
I also attach a word-doc.
A2-15 Adverse Effect – OES
FINDINGS
ADVERSE EFFECT. Your wage offer of $@/hour is below the prevailing wage of
$@/hour. The prevailing rate of pay was determined by the Occupational Employment
Statistics (OES) Wage Survey for a Level @ in @ County. Offering a salary that is
below the prevailing rate of pay is a violation of Sections 656.20©(2), 656.20(g),
656.21(g)(4), and 656.40 of the Regulations.
A2-17 Adverse Effect – DBA
FINDINGS
ADVERSE EFFECT. Your wage offer of $@/hour is below the prevailing wage of
$@/hour. The prevailing rate of pay was determined by the Davis-Bacon Act (DBA).
Offering a salary which is below the prevailing rate of pay is a violation of Sections
656.20(c)(2), 656.20(g) and 656.21(g)(4) of the Regulations.
As stated in 20 CFR 656.40, if a DBA wage determination exists for the occupation in the
area of intended employment, that wage determination is considered to be the prevailing
wage. The employer need not be a Federal contractor for these statutory rates to apply.
A2-18 Adverse Effect – SCA
FINDINGS
ADVERSE EFFECT. Your wage offer of $@/hour is below the prevailing wage of
$@/hour. The prevailing rate of pay was determined by the McNamara-O'Hara Service
Contract Act (SCA). Offering a salary which is below the prevailing rate of pay is a
violation of Sections 656.20(c)(2), 656.20(g) and 656.21(g)(4) of the Regulations.
As stated in 20 CFR 656.40, if a SCA wage determination exists for the occupation in the
area of intended employment, that wage determination is considered to be the prevailing
wage. The employer need not be a Federal contractor for these statutory rates to apply.
A2-19 Employment – Full Time Work
FINDINGS
1. EMPLOYMENT. Federal regulations at 20 CFR 656.3 (Subpart A) define
"employment" as permanent full-time work by an employee for an employer other than
oneself.
The position for which you are filing is that of a @ requiring @ years of experience. The
nature of your business is @. The Form ETA 750, Part A, Item 11 reflects a work
schedule of @ a.m. to @ p.m. However, @ stores do not generally employ a @ on a fulltime
year round basis.
You must establish that the position is permanent full-time or a labor certification
cannot be granted. Although you stated that the alien will be employed full-time as a @,
there is insufficient information to enable us to determine whether the alien will in fact
perform the duties of a @ on a full-time year round basis.
A2-22 Minimum Job Requirements
FINDINGS
MINIMUM JOB REQUIREMENTS. Federal regulations at 20 CFR 656.21(b)(5)
require that the employer document that the requirements for the job opportunity are the
minimum necessary for the performance of the job, and that the employer has neither hired
nor finds it feasible to hire workers with less training and/or experience.
Your job requirements are stated as @ years of experience as a @. The case file indicates
that @.
A2-24 Layoffs
FINDINGS
Available U.S. Workers. According to Department of Labor regulations, before granting
or denying a labor certification, the Certifying Officer must determine whether or not there
are able, willing, qualified and available U.S. workers to perform the specific job
opportunity. 20 CFR 656.24(b). The regulations provide that the Certifying Officer shall
determine if there are other appropriate sources of workers where the employer should
have recruited or might be able recruit of U.S. workers (20 CFR 656.24(b)(2)(i)). The
regulations further provide that the Certifying Officer shall consider as available U.S.
workers living and working in the area of intended employment, and may also consider
U.S. workers who are willing to move from elsewhere to take the job at their own expense,
or (if the prevailing practice among employers employing workers in the occupation in the
area of intended employment is to pay such relocation expenses) at the employer’s
expense. (20 CFR 656.24(b)(iv)).
It has come to our attention that within the last 6 months that @ may have laid off workers
that qualify for employment in the occupation for which the employer is seeking labor
certification. Before we can make a final determination on your application, we need the
documentation requested below:
A2-26 Prior Recruitment Efforts
FINDINGS
PRIOR RECRUITMENT EFFORTS. Federal regulations at 656.21(b)(1) require that
the employer provide the local office a written report of the results of all the employer's
recruitment efforts prior to filing the application for certification. The recruitment report
must:
a. Identify each recruitment source by name.
b. State the number of U.S. workers responding to employer's recruitment.
c. State names, addresses and provide resumes/job applications of U.S. applicants for
the job opportunity and job titles of person who interviewed each worker.
d. Explain specifically the lawful job-related reasons for not hiring each U.S.
applicant.
Your application does not include the names, addresses, resumes/job applications of U.S.
workers who applied for the job opportunity, and the specific lawful job-related reasons for
not hiring each worker.
A2-30 Unduly Restrictive Requirements – Job Requirements
FINDINGS
UNDULY RESTRICTIVE JOB REQUIREMENTS. Federal Regulations at 20 CFR
656.21(b)(2) provide that the employer must document that the requirements for the job
opportunity, unless adequately documented as arising from business necessity, are those
normally required for the performance of the job in the United States.
Your requirements for @ are determined to be unduly restrictive because @. You may
rebut this finding by:
