DOL FAQ on Supervised Recruitment

To whom will the office of foreign labor certification send any resumes received in response to the advertisement(s)?

Resumes and or applications received by the OFLC/ANPC in response to the employer’s advertisement(s) will be sent to the employer’s attorney or agent of record, if any, with a copy to the employer.  If the employer is not represented by an attorney or agent, the resumes and or applications received by the OFLC/ANPC in response to the employer’s advertisement(s) will be sent directly to the employer.

What are the consequences of an employer requesting to withdraw an application undergoing supervised recruitment?

While OFLC/ANPC may grant an employer’s request to withdraw an application undergoing supervised recruitment and the employer then files a new application meeting all regulatory requirements, the future application for the same  foreign worker as in the withdrawn application will be subject to supervised recruitment pursuant to 20 CFR 656.21.

Additionally, where the OFLC/ANPC determines it appropriate, all other applications filed by the employer for any foreign worker or job opportunity may also be subject to supervised recruitment.

An employer that wishes to file a future application for the same foreign worker as in an application withdrawn while undergoing supervised recruitment must do so by completing the ETA Form 9089, except Section I, Recruitment Information, which will be completed after submission at the instruction of the OFLC/ANPC. The employer must file the above referenced application by mail  to the Atlanta National Processing Center at the following address:

U.S. Department of Labor
Employment and Training Administration
Foreign Labor Certification
National Processing Center
Harris Tower
233 Peachtree Street, Suite 410
Atlanta, Georgia  30333

Repeated requests to withdraw different applications undergoing supervised recruitment will be carefully reviewed and may evidence a pattern or practice of the employer’s failure to comply with the supervised recruitment process, and may subject the employer to debarment from the permanent labor certification program for a reasonable period of no more than three years pursuant to 20 CFR 656.31(f)(1)(v).4

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