Instructions for Completing Form ETA 750 by zcc46658

VIEWS: 142 PAGES: 8

									                                       Instructions for Filing Applications
                                       for Alien Employment Certification for
                                       Permanent Employment in the United
                                       States

These instructions pertain only to     for completing Form ETA 750
requests for permanent labor           “Application for Alien Employment
certification; not to requests for     Certification”.
temporary labor certification


 Part I. General Information
 A. Introduction                                                application form includes a Part A “Offer of
 These instructions explain the application process           Employment” and a Part B “Statement of
 for obtaining permanent labor certifications under           Qualifications of
 the Immigration and Nationality Act. While                   Alien”. The regulations set forth, in detail, the
 applicants for temporary labor certifications may use        application process for permanent labor certification.
 Form ETA 750, these instructions do not apply to
 applications for temporary labor certifications.             B. Who May File
     Section 212(a)(14) of the Act provides that certain        1. An employer who desires to
 aliens may obtain a visa for entrance into the United             apply for a labor certification on behalf of an
 States in order to engage in permanent employment                 alien.
 if the Secretary of Labor has first certified:                 2. An alien who desires to apply for a labor
     1. There are not sufficient United States workers             certification for a Schedule A occupation.
        who are able, willing, qualified, and available for        Schedule A is described below under
        the employment, and                                        “Occupational Schedules”.
     2. The employment of the alien will not adversely
        effect the wages and working conditions of U.S.       C. What To File
        workers similarly employed.                             1. An employer who applies for a
                                                                   labor certification must file two
   This certification is referred to as a “labor                   copies each of the following;
 certification”. Labor certifications are granted and              a. An Application for Alien Employment
 denied by certifying officers in the national and                    Certification (Form ETA 750) including Part A,
 regional offices of the Employment and Training                      “Offer of Employment and Part B “Statement
 Administration of the Department of Labor.                           of Qualifications of Alien” and
   The Department of Labor’s regulations on                        b. Every applicable document described in Part
 permanent labor certifications are published in part                 II of these instructions (See Part II-
 656 of Title 20 of the Code of Federal Regulations.                  Documentation to submit with Applications for
 The regulations require that an Application for Alien                Occupations not on Schedule A).
 Employment Certification be filed in every instance,           2. An alien who applies for a labor certification for
 to initiate this process. This                                    a Schedule A occupation must file two copies
                                                                   each of the following:
                                                                   a. Two Copies of Form ETA 750, Application for
                                                                         Alien Employment Certification, as follows:
                                                                      1. Part B—Statement of Qualifications of
                                                                           Alien;
                                                                      2. Part A—Offer of Employment, if required
                                                                           by the Immigration and Naturalization
                                                                           Service.
    b. Documentary         evidence           and working conditions of            prosecution and a fine of not more
       which                                  U.S.      workers        similarly   than $2,000 or imprisonment of
      shows that the alien meets              employed generally will be           not more than 5 years or both. 18
      the requirements of the par-            adversely affected by the            U.S.C. 1546.
      ticular Schedule A occupa-              employment of aliens.                  Whoever, in an Application for
      tional group under which             3. Applications for Schedule A          Alien Employment Certification
      the alien is applying for               Labor      certifications     are    willfully subscribes as true any
      labor certification.                    granted or denied by the             material which he or she does not
                                              Immigration                   and    believe to be true is subject to
D. Where to File                              Naturalization Service or the        prosecution for perjury and a fine
  1. An employer must file an                 U.S. Consular office where           of not more than $2,000 or
     application with the local               the application is filed.            imprisonment of not more than five
     State employment service                 General           documentation      years, or both 18 U.S.C. 162(2).
     office serving the area where            requirements for Schedule A          This penalty applies whether the
     the alien will be employed.              occupations are described in         statement or subscription is made
  2. An      alien    applying     for        part IV of these instructions.       within or outside the United
     Schedule A labor Certification        4. Application for alien Employ-        States.
     must file an application with a          ment Certification forms and
     U.S. Consular Office if the              instructions and information
     alien is abroad or with an               on occupations listed on             G. Other Information
     Immigration       and     Natu-          Schedules A and B may be               1. Employers and aliens may
     ralization Service Office if the         obtained        from        State         have agents apply for labor
     alien is in the United States,           employment service offices,               certification on their behalf.
     not with the Department of               Immigration        and      Natu-         Each party (employer and/or
     Labor or a State employment              ralization Service District Of-           alien) represented by an
     service.                                 fices, and Consular offices               agent must sign a statement
                                              abroad.                                   designating the agent and
E. Occupational Schedules                                                               taking full responsibility for the
To facilitate the processing of re-                                                     accuracy          of          any
quests for labor certifications, the     F. Fraud, False Statements,                    representations made by the
United       States      Employment      and Perjury.                                   agent.      The    authorization
Service, Department of Labor has         Any employer or alien, or their                statements are in Parts A and
established       schedules      with    agent or attorney, who, in the                 B of the Application for Alien
predetermined findings for specific      labor      certification application           Employment          Certification
occupations:                             process, knowingly and willfully               Form. Since employers and
  1. Schedule A is a list of occupa-     falsifies, conceals or covers up by            aliens      must     take      full
     tions for which the Adminis-        any trick, scheme, or device a                 responsibility for the accuracy
     trator, United States Employ-       material fact, or makes any false,             of          their         agents’
     ment Service, has determined        fictitious or fraudulent statements            representations, they are ad-
     that there are not sufficient       or representations, or makes or                vised not to sign blank
     U.S. workers who are able,          uses any false writing or                      application forms.
     willing qualified, and available    document knowing the same to                2. Employers and aliens may
     and that the wages and              contain any false, fictitious or               have attorneys represent
     working conditions of U.S.          fraudulent statement or entry, is              them. Each attorney must file
     workers similarly employed          subject to prosecution and a fine              a Notice of Appearance on
     will not be adversely affected      of not more than $10,000 or                    Immigration                   and
     by the employment of aliens.        imprisonment of not more than                  Naturalization Service Form
  2. Schedule B is a list of occupa-     five years, or both 18 U.S.C.                  G—28, naming the attorney’s
     tions for which the Adminis-        1001.                                          client(s).
     trator, United States Employ-          Whoever knowingly subscribes             3. The Department of Labor will
     ment Service, has determined        as true any false statement with               notify the employer in writing,
     that generally there are suffi-     respect to a material fact in any              with a copy to the alien, of de-
     cient U.S. workers who are          Application for Alien Employment               terminations on the
     able, willing, qualified, and       Certification or knowingly presents            employer’s Application for
     available and that the wages        any such application containing,               Alien Employment
                                         any such false statement is                    Certification.
                                         subject to
                                                                                   Alien Employment certification 3
                                          Part II
                                          Documentation to Submit
                                          With Applications for
                                                    Occupations
                                          Not on Schedule A.

4. Labor certifications, unless            documentation required by the
   invalidated by the Immigration         regulations. The documentation
   and Naturalization Service or          requirements described in this
   by a Consul of the United              Part do not apply to applications
   States Department of State,            for Schedule A occupations.
   are       valid        indefinitely.   Documentation for Schedule A
   Invalidations are made in              occupations is described in Part IV
   cases of fraud or willful              of    these     instructions.    The        employer must document the
   misrepresentation          of      a   employer     must      submit     the       results of recruitment by
   material fact involving the            required general documentation,             naming the applicants and the
   labor certification application.       as     well    as     the     specific      lawful job-related reason for
5. If a labor certification applica-      documentation, which may be                 not hiring each applicant and
   tion has been denied, the              required for the particular occupa-         submit copies of resumes and
   employer may file a new                tion.                                       job application forms sup-
   application for the same                                                           porting the reasons for not hir-
   occupation at any time after 6                                                     ing each applicant.
   months from the date of the            A. General          Documentation        2. The job offer, as shown on
   denial       of       certification.   Requirements                                Part A of the Application for
   However, if the denial was             Failure of the employer to comply           Alien              Employment
   solely because the wage                with any of the eight certifications        Certification form and in
   offered was too low, the               in Item 23 of Part A, Form ETA              advertisements, notices, and
   employer may reapply im-               750 may result in denial of the             other recruitment methods
   mediately.                             Application. The certifying officer         used by the employer may not
6. Refusal to complete any item           may require the employer to                 describe the job with unduly
   on the application form or to          submit additional documentation,            restrictive job requirements.
   submit            documentation        as appropriate, to document                 Unduly       restrictive    job
   required by regulations is             clearly compliance with any of the          requirements                are
   grounds for denying the                eight certifications.                       requirements not normal to
   application.                             As      attachments      to     the       the occupation, unless the
7. Documents not in the English           Application for Alien Employment            employer adequately docu-
     language          must          be   Certification form, the employer            ments that the requirements
     accompanied            by        a   must      submit      the   following       arise from business necessity.
     translation, certified by the        documentation, to show clearly              “Business necessity” is not
     translator as to the accuracy        that the employer has been                  employer or customer prefer-
     of the translation and his or        attempting to recruit U.S. workers          ence or convenience. It is a
     her competency to translate.         for the job as required by the De-          requirement which, if absent,
8. The Department of Labor’s              partment of Labor’s regulations.            would actually undermine the
     regulations         for        the   (For job offers involving Sheepher-         employer’s business. The
     permanent labor certification        ders, See Section H below):                 employer must always docu-
     process        require         the     I. The employer has been at-              ment the business necessity
     employer         to        submit         tempting to recruit U.S.               for a language other than
     documentation which shows                 workers for the job opportunity        English.
     clearly that the job, the job             at the prevailing wage and at
     offer, and recruitment of                 prevailing working conditions         If   the     job  involves   a
     U.S. workers for the job are              through the labor referral and        combination of duties, e.g.
     all in compliance with the                recruitment sources normal to         engineer-pilot, the employer
     regulations. This Part de-                the      occupation,     without      must document one or more
     scribes the                               success, and                          of the following:
                                                                                     a. The employer has normally
                                                                                        employed persons for that
                                                                                        combination     of   duties;
                                                                                        and/or
                                                                                  4 Alien Employment certification

     b. Workers          customarily      c. That the alien is free to             year’s employment on a
        perform that combination of          leave      the     employer’s         fulltime basis; e.g. 2 years’
        duties in the geographic             premises during all nonwork           experience working half-days
        area; and/or                         hours except that the alien           is equal to one year’s full-time
     c. The combination of duties is         may work overtime if paid             experience. However, six
        based on a business neces-           for the overtime at no less           months’ experience working
        sity.                                than the legally required             16-hour days is not equal to 1
  3. The employer must describe              hourly rate;                          year’s experience. Time spent
     on the forms the job and             d.That the alien will reside on          in a household domestic
     recruitment methods using the           the employer’s premises;              service training course cannot
     actual minimum requirements          e.Complete details of the                be included in the required
     needed to perform the job.              duties to be performed by             one year of paid experience.
     The employer must state                 the alien;                            Each statement documenting
     whether it has hired workers         f. The total amount of any               the alien’s paid experience
     with     less    training    or         money to be advanced by               must be signed and must con-
     experience for similar jobs,            the employer with details of          tain the name and address of
     and, if so, the employer must           specific items, and the               the person who signed it, and
     explain why it is not feasible          terms of repayment by the             show the date on which the
     to do so for the job offered to         alien of any such advance             statement was signed. A
     the alien.                              by the employer;                      statement not in the English
  4. If unions are customarily used       g.That in no event shall the             language          must         be
     as a recruitment source in the          alien be required to give             accompanied by a translation
     area or industry, the employer          more than 2 weeks’ notice             certified by the translator as to
     must document such recruit-             of intent to leave the                the      accuracy      of     the
     ment, clearly showing that              employment contracted for             translation, and as to the
     they were unable to refer U.S.          and that the employer must            translator’s competency to
     workers.                                give the alien at least 2             translate.
                                             weeks’       notice     before
B. Job Offers for Household                  terminating employment;           c. Job Offers for Schedule B
Domestic Service Workers                  h.That a duplicate contract          Occupations
If the job is for a household                has been furnished to the         An employer filing an application
domestic service worker, and the             alien;                            for a Schedule B occupation, must
employer additionally requires the        i. That room and board will be       petition the Department of Labor’s
worker to live on the employer’s             provided at no cost to the        regional certifying officer through
premises, the employer must                  worker; and                       the State employment service for
submit, in addition to the                j. Any other agreements or           a Schedule B waiver.
documentation described above in             conditions not specified on       A petition for a waiver of Schedule
the section on “General Doc-                 the Application for Alien         B must include all of the following:
umentation Requirements,” all of             Employment        Certification     1.All documentation described
the following documentation:                 form.                                  above in the section on “Gen-
  1. A complete statement for live     3. Documentation of the alien’s              eral Documentation Require-
     at work job offers on Form           paid experience in the form of            ments” including a fully com-
     ETA 750, Part A.                     statements from past or                   pleted Application for Alien
  2. Two copies of an employment          present employers setting                 Employment Certification form
     contract       between      the      forth the dates (month and                ETA
     employer and the alien, each         year) employment started and              750.
     signed and dated by both.            ended, hours of work per day,          2.Documentary          verification,
     (not by their agents). The           number of days worked per                 which the employer has ob-
     employment contract must             week, place where the alien               tained from the local employ-
     clearly state:                       worked, detailed statement of             ment service office serving the
     a. The wages to be paid on an        duties performed on the job,              area        of        proposed
        hourly and weekly basis;          equipment and appliances                  employment,        that       the
     b. Total hours of employment         used, and the amount of                   employer has had a job order
        per week, and the exact           wages paid per week or                    for the same job on file
        daily work schedule;              month. The total paid experi-
                                          ence must be equal to 1 full
                                                                                5 Alien Employment certification
     with the same local office for    provides distinct tests for job                date(s) of publication; the job
     a period of 30 calendar days      offers as college and university               title,       duties,         and
     and that the local office and     teachers. The statute permits the              requirements. Evidence of all
     the employer, using the job       employer to reject applications for            other recruitment sources
     order, were not able to           the job from qualified U.S.                    utilized; stating the results of
     obtain a qualified U.S.           workers who are less qualified                 such recruitment, must also
     worker.                           than the alien. Not all faculty-level          be submitted.
  3. All recruitment                   or professorial rank jobs are               3.      A    written    statement
     documentation described in        considered      teachers.     Faculty         attesting to the degree of the
     Part Ill of these instructions.   members who do not teach are                  alien’s      educational       or
                                       excluded from this provision. The             professional       qualifications
D. Job Offers for Physicians or        employer must show that the alien             and academic achievements.
Surgeons                               was selected for the job pursuant
If an Application for Alien Employ-    to a competitive recruitment and         F. Job Offers for Aliens of
ment Certification involves a job      selection process through which          Exceptional Ability in the
offer as a physician or surgeon,       the alien was found to be more           Performing Arts
not on schedule A, the employer        qualified than any of the U.S.           The Immigration and Nationality
must submit, in addition to the        workers who applied for the job.         Act provides distinct tests for job
documentation described above          As long as the employer submits          offers to aliens of exceptional
in the section on “General             adequate documentation of such           ability in the performing arts. The
Documentation       Requirements,”     a competitive recruitment and            statute permits the employer to
one of the following three types of    selection process, the employer          reject applications for the job from
documentation:                         need not make the recruitment            qualified U.S. workers who are
    1. Evidence that the alien has     efforts described below in Part Ill      less qualified than the alien. As
       passed Parts I and II of the    of these instructions.                   long as the employer submits
       National Board of Medical       To document a competitive                adequate documentation that the
       Examiners Examination; or       recruitment       and       selection    alien is of exceptional ability in the
    2. Evidence that the alien has     process, the employee must               performing arts and of recruitment
       passed the Visa Qualifying      submit the following:                    through advertising and ap-
       Examination (VQE) offered          1.    A statement, signed by an       propriate unions the employer
       by the National Board of             official with actual hiring         need not perform the recruitment
       Medical Examiners and is             authority, outlining, in detail,    activities described below in Part
       competent in oral and written        the complete recruitment            Ill of these instructions. The
       English; or                          procedure. This statement           employer        must    submit     the
    3. Evidence that the alien on           must also include:                  following:
       January 9, 1977: (a) was a           a. The total number of appli-           1. Documentation to show the
       doctor of medicine fully and            cants responding.                alien’s exceptional ability, such as
       permanently licensed to              b. The number of all U.S.                 a. Documents testifying to the
       practice medicine in a State,           workers     given     serious             current          widespread
       (b) held a valid specialty              consideration for the job                 acclaim and international
       certificate issued by a                 offered the alien.                        recognition accorded to the
       constituent board of the             c. The specific reasons why                  alien;       receipt       of
       American Board of Medical               the alien is more qualified               internationally recognized
       Specialties, and (c) was                than all the U.S. workers                 prizes or awards for excel-
       practicing medicine in a                who applied for the job;                  lence;
       State: or                               and                                    b. Documents showing the
    4. Evidence that the alien is a         d. A final report of the faculty,            alien’s work experience
       graduate of a school of                 student,               and/or             during the past year did,
       medicine accredited by a                administrative body making                and the alien’s intended
       body or bodies approved for             the recommendation or                     work in the United State
       that purpose by the United              selection at the completion               will, require exceptional
       States Commissioner of                  of      the      competitive              ability;
       Education.                              recruitment and selection              c. Published material by or
                                               process.                                  about the alien, such as
E. Job Offers for College or              2.    A copy of at least one                   criti
University Teachers                         advertisement for the job,
The Immigration and Nationality             placed in a
Act                                          national professional journal,
                                             giving the name and the
                                                                            6 Alien Employment certification
      cal reviews in major            area or industry, were unable
      newspapers,       periodicals   to refer equally qualified U.S.
      and trade journals (the         workers.
      titles, date and author of
      such material must be           G.       Job       Offers       for
      indicated);                     Sheepherders
   d. Documentary evidence            If an Application for Alien
      of earnings commensurate        Employment            Certification
      with the claimed level of       involves a job offer as a
      ability;                        sheepherder, the employer
   e. Playbills        and     star   need       not      submit      the
      billings;                       documentation            described
   f. Documents attesting to the      above in the section on
      outstanding reputation of       “General           Documentation
      theaters, concert halls,        Requirements”. Instead, the
      nightclubs     and     other    employer must submit all of
      establishments in which         the following documentation;
      the alien has appeared or          1. A                 completed
      is scheduled to appear,              Application      for     Alien
      and/or                               Employment Certification
   g. Documents attesting to               form. (Form ETA 750),
      the outstanding reputation           including the job offer for
      or repertory companies,              alien employment, and a
      ballet groups, orchestras            statement of qualifications
      or other organizations with          of the alien.
      which the alien has                2. A signed letter or
      performed in the past                letters from all U.S.
      years in a leading or                employers       who      have
      starring capacity.                   employed the alien as a
2. A copy of at least one adver-           sheepherder during the
   tisement placed in a national           immediately preceding 36
   publication appropriate to              months attesting that the
   the occupation and the                  alien has been employed
   results. The advertisement              in the United States
   shall:                                  lawfully and continuously
   a. Identify the employer’s              as sheepherder, for at
      name, address and the                least 33 of the immediately
      location of the employment           preceding 36 months.
      if     other    than      the   Job offers for sheepherders
      employer’s location;            should be filed directly with a
   b. Describe          the     job   District     Office      of     the
      opportunity              with   Immigration and Naturalization
      particularity;                  Service or a consular office of
   c. State the rate of pay,          the Department of State for
      which shall not be below        processing and not with a local
      the prevailing wage for the     office of the State Employment
      occupation;                     Service or an office of the
   d. Offer prevailing working        Department of Labor.
      conditions;
   e. State the employer’s
      minimum                   job
      requirements;
f.         Offer wages, terms,
and conditions of employment
which are no less favorable
than those offered to the alien.
3.         Documentation that
unions, if customarily used as
a recruitment source in the
                                                                                     7 Alien Employment certification

Part Ill
Recruitment Efforts
After Submission of an
Application
for Alien Employment

 This Part of the instructions details       1.     Direct applicants to report          The employer must submit the
 the recruitment for the job, which            to the local State employment         notice posted, stating where and
 must      be     conducted       after        service office for referral to the    for how long the notice was
 submission of the Application for             employer.                             posted, and whether it remained
 Alien Employment Certification,             2.     Include a local office name      unobstructed for the entire period
 including     the     fully-completed         or identification number and          of posting.
 application form and all necessary            the complete address or               D. Other Recruitment.
 documentation described in Part II            telephone number of the local         If the employer has not used other
 of these instructions, to the local           office.                               recruitment sources normal to the
 employment service office.                  3.     Describe        the       job    occupation or otherwise required
     Employers seeking labor certifi-          opportunity with particularity:       by the Department of Labor’s
 cations for jobs as college or                a. Offer at least the prevailing      regulations,     the     employment
 university teachers or on behalf of              wage for the occupation.           service local office or the certifying
 aliens of exceptional ability in the          b. State the rate of pay and          officer     may      require     such
 performing arts and aliens applying              offer at least prevailing          recruitment after submission of the
 for     labor     certifications    in           working conditions.                application.
 occupations listed on Schedule A              c. State the job’s actual mini-       E. Results of Recruitment.
 need not make the recruitment                    mum requirements.                  The employer must report to the
 efforts described in this Part.               d. Offer training if the job op-      local employment service office the
                                                  portunity is the type for          results of its recruitment through
 A. Job Order                                     which       the      employer      the employment service job order,
 Upon receipt of a completed appli-               customarily           provides     the        employment         service
 cation (except in the situations de-             training and;                      advertisement, the notice posted
 scribed in the above paragraph)               e. Offer wages, terms and             within the employer’s organization,
 the local office of the State                    conditions of employment           and        other     post-application
 employment service will make                     which are no less favorable        recruitment. Documentation of the
 additional efforts to assist the                 than those offered the alien.      results must include all of the
 employer in finding able, willing,          The employer shall supply the           following:
 and     qualified   United    States     local office with at least one copy            1.    The number of U.S.
 workers who are available for the        of the advertisement, with the                   workers responding to the
 job. The State employment service        name of the newspaper or                         recruitment;
 office will examine the application      publication      and       dates      of       2.    The names, and the
 and from it will prepare and             publication.                                     addresses, phone numbers,
 process a job order through the                                                           and resumes of all U.S.
 regular      employment      service     C. Recruitment Within                            workers interviewed; and
 recruitment system for 30 calendar       Employer’s Organization.                       3.    The lawful’ job-related
 days. The employment service             As part of the recruitment process,              reason for not hiring each
 may refer U.S. workers to the            the employer must post a notice of               applicant.
 employer. The employer must              the job opportunity in bold letters in
 cooperate in this attempt to recruit     a conspicuous place within its or-         F.Employment Service
 U.S. workers.                            ganization. The notice must                Findings.
 B. Employment Service                    contain the same information               After the required recruitment
 Advertisement.                           required for the employment                period, the State employment serv-
 In     conjunction      with     the     service advertisement, including           ice will forward the application and
 employment service job order, the        the wage offer and other terms and         all other documentation, along with
 employer must advertise the job          conditions. The notice must be             its findings, to the appropriate De-
 opportunity for at least three           posted for at least ten consecutive        partment      of     Labor  regional
 consecutive days, in a newspaper         business days where notices to             certifying       officer   for     a
 of general circulation or a              employees, such as wage and                determination. If the certifying
 professional or ethnic publication       hour and occupational safety and           officer denies the application, the
 as appropriate for the occupation        health notices, are normally               employer and the alien will be
 and which is most likely to bring re-    posted.                                    informed of their rebuttal and ap-
 sponses. The advertisement shall:           The requirement of posting does         peal rights.
                                          not apply to private households.
8 Alien Employment certification

Documentation Required
for Occupations on
Part IV
Schedule A

The Schedule A list of precertified      E. Affidavits must be signed and
occupations is subject to revision          dated by someone familiar with
from time to time, based on U.S.            the alien’s work such as former
labor market conditions. Therefore,         employers      or   recognized
current information on specific oc-         experts and must fully identify
cupational groups and qualification         the applicant showing the
standards included in Schedule A            capacity in which the applicant
should be obtained from State em-           is testifying.
ployment service offices, the U.S.
Department of State’s Consular           Reminders
Offices abroad, and District Offices     • Read instructions carefully be-
of      the      Immigration       and     fore completing forms and pre-
Naturalization                Service.     paring documentation.
Documentary requirements for
individual eligibility may vary and      • Applications for Alien Employ-
specific     information    can     be     ment certification must be
obtained from the above agencies           submitted in duplicate.
and the regulations at 20 CFR
656.22.                                  • Date and sign all copies of forms
   A determination on a Schedule           in original signature.
A application is based on whether
the alien meets the qualification        • Employers must file their appli-
standards of the group under               cation with the State Employ-
which the alien is applying for labor      ment Service Office serving the
certification. The alien may have to       area of intended employment.
show evidence of prearranged
employment. The Schedule A               • Schedule A applications filed by
determination of the Immigration           aliens must be filed with District
and Naturalization Service or U.S.         Offices of the Immigration and
Department of State is conclusive
                                           Naturalization Service in the
and final.
                                           United States or with u.s. con-
   General documentation require-
                                           sular offices abroad.
ments, which may apply to any
Schedule A group, are:
                                         • The employer and the alien will
A. Original documents may be sub-
                                           be notified, in writing, when a
   mitted, not necessarily in dupli-
                                           determination is made on their
   cate;
B. If return of the original is            application.
   desired, it may be accompanied
   by a photostatic or typewritten       • Questions on procedures for
   copy, provided such copies are          filing for a labor certification
   permitted by law (Do not make           should be directed to State Em-
   copies of a certificate of              ployment Service Offices.
   naturalization or citizenship);
C. Photostatic copies without the
   original may be submitted, if
   they are certified by an
   immigration or consular officer
   as identical to the original;
A. Affidavits or published material
are recommended as evidence of
the alien’s technical training or
specialized experience; and

								
To top