[Federal Register Volume 60, Number 136 (Monday, July 17, 1995)]
[Notices]
[Pages 36439-36444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17481]



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DEPARTMENT OF LABOR

Reengineering of Permanent Labor Certification Program; 
Solicitation of Comments

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice; request for comments.

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SUMMARY: The Employment and Training Administration (ETA) is in the 
process of reengineering the permanent alien labor certification 
process. ETA's goals are to make fundamental changes and refinements 
that will: (1) streamline the process; (2) save resources; (3) improve 
effectiveness; and (4) better serve customers. The reengineering effort 
is a collaborative effort of federal and State staff who are involved 
in the administration of alien certification programs. The 
reengineering effort also involves consultation throughout the process 
with sponsors, stakeholders, State partners, and outside interest 
groups to solicit ideas and suggestions for change.
    As part of the collaborative effort required for effective 
reengineering, ETA is publishing a questionnaire in the Federal 
Register to aid in the solicitation of comments on important issues 
that are fundamental to the reengineering process. In addition, ETA 
welcomes comments on any other matter pertaining to the reengineering 
of the permanent alien certification program. Any interested party is 
invited and encouraged to participate in this collaborative process and 
provide input to the Department through written comments.

DATES: Responses to and comments on the attached questionnaire should 
be submitted to ETA no later than August 22, 1995.

ADDRESSES: Submit comments to: Flora T. Richardson, Chief, Division of 
Foreign Labor Certifications, Employment and Training Administration, 
Department of Labor, 200 Constitution Avenue., NW., Room N-4456. 
Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT:
Denis M. Gruskin, Senior specialist (202) 219-4369 (this is not a toll-
free number).
SUPPLEMENTARY INFORMATION:

Permanent Alien Employment Certification Process

    Before the Department of State (DOS) and the Immigration and 
Naturalization Service (INS) may issue visas and admit certain 
nonimmigrant aliens to work permanently in the United States, the 
Secretary of Labor must first certify to the Secretary of State and to 
the Attorney General that:
    (a) There are not sufficient United States workers, who are able, 
willing, qualified, and available at the time of the application for a 
visa and admission into the United States and at the place where the 
alien is to perform the work; and
    (b) The employment of the alien will not adversely affect the wages 
and working conditions of similarly employed United States workers. 8 
U.S.C. 1182(a)(5)(a).
    If the Department of Labor (DOL) determines that there are no able, 
willing, qualified, and available U.S. workers, and that the employment 
of the alien will not adversely affect wages and working conditions of 
similarly employed U.S. workers, DOL so certifies to the DOS and INS by 
issuing a permanent alien labor certification.

Department of Labor Regulations

    The Department has promulgated regulations at 20 CFR part 656, 
governing the labor certification process described above for the 
permanent employment of certain immigrant aliens in the United States. 
Part 656 was promulgated pursuant to section 212(a)(5)(A) of the 
Immigration and Nationality Act. 8 U.S.C. 1182(a)(5)(A).
    The regulations at 20 CFR part 656 set forth the factfinding 
process designed to develop information sufficient to support the 
granting or denial of a permanent labor certification. They describe 
the potential of the nationwide system of public employment service 
offices to assist employers in finding available U.S. workers and how 
the factfinding process is utilized by DOL as the primary basis of 
developing information for the certification determinations.
    Part 656 sets forth the responsibility of employers who desire to 
employ immigrant aliens permanently in the United States. Such 
employers are required to demonstrate that they have attempted to 
recruit U.S. workers through advertising, through the Federal/State 
Employment Service System, and by other specified means. The purpose is 
to assure an adequate test of the availability of qualified, willing, 
and able U.S. workers to perform the work, and to ensure that aliens 
are not employed under conditions affecting the wages and working 
conditions of similarly employed U.S. workers.

Why Reengineer?

    The labor certification process described above has been criticized 
as being complicated and time consuming. It can take up to 2 years or 
more to complete the process; requires substantial government resources 
to administer; and is reportedly costly and burdensome to employers. 
ETA, therefore, is reexamining the effectiveness of the various 
regulatory requirements and the application processing procedure, with 
a view to achieving considerable savings in resources both for the 
Government and employers, without diminishing significant protections 
now afforded U.S. workers by the current regulatory and administrative 
requirements.
    The questionnaire published below solicits comments on how best to 
achieve the goals of the reengineering process.
    Interested parties are invited and encouraged to participate in 
this collaborative process and to provide input to the Department 
through answers to the questionnaire, and/or written comments on any 
issue they believe to be relevant to the reengineering process. Copies 
of the questionnaire also are being mailed to various employers, 
unions, associations, and other interest groups.

    Signed at Washington, DC, this 12th day of July 1995.
John R. Beverly III,
Deputy Director, U.S. Employment Service.

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[FR Doc. 95-17481 Filed 7-14-95; 8:45 am]
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