Code of Federal Regulations · Section
§ 655.454 — Partial Certification
20 C.F.R. § 655.454
The CO may issue a partial certification, reducing either the period of need or the number of CW-1 workers or both, based upon information the CO receives during the course of processing the CW-1 Application for Temporary Employment Certification, an audit, or otherwise. The number of workers certified will be reduced by one for each U.S. worker who is able, willing, and qualified, and who will be available at the time and place needed and who has not been rejected for lawful, job-related reasons, to perform the labor or services. If a partial labor certification is issued, the CO will send the Final Determination notice approving partial certification using the procedures at § 655.452.
The Final Determination notice will:
(a) State the reason(s) the period of employment or the number of CW-1 workers requested has been reduced, citing the relevant regulatory standards;
(b) Offer the employer an opportunity to request administrative review of the partial certification under § 655.461; and
(c) State that if the employer does not request administrative judicial review in accordance with § 655.461, the partial certification is final, and the Department will not accept any appeal on that CW-1 Application for Temporary Employment Certification.
Authorizing Statute
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Immigration and transition48 U.S.C. § 1806
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Mode of recovery28 U.S.C. § 2461
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Inadmissible aliens8 U.S.C. § 1182
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Limitations on performance of longshore work by alien crewmen8 U.S.C. § 1288
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Definitions8 U.S.C. § 1101
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Rules and regulations29 U.S.C. § 49k
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Admission of nonimmigrants8 U.S.C. § 1184