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over 6 months ago

One year ago I've posted this on LinkedIn.

How United States Federal Labor Regulations Define: Are You Qualified to Do That Job?

There are United States Federal Labor Regulations, as of April 2012:

Title 20 - Employees' Benefits Chapter V - EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR Part 656 - LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES Subpart C - Labor Certification Process Section 656.21 - Supervised recruitment. April 1, 2012

20 C.F.R. § 656.21 Supervised recruitment.


"...Rejection of one or more U.S. workers for lacking skills necessary to perform the duties involved in the occupation, where the U.S. workers are capable of acquiring the skills during a reasonable period of on-the-job training, is not a lawful job-related reason for rejecting the U.S. workers. For the purpose of this paragraph (e)(4), a U.S. worker is able and qualified for the job opportunity if the worker can acquire the skills necessary to perform the duties involved in the occupation during a reasonable period of on-the-job training."

This Law is very specific and covers only Labor Certification Process of Foreign Workers who are adjusting their immigration status from non-immigrant status with H1B Work Visa to Lawfully Admitted Permanent Resident (I-551 Immigration Form, a.k.a. Green Card) with subsequent filing I-140 and I-485 Immigration Forms.



Today, I've contacted with my US Elected Officials with a question: how these US DOL rules could be enforced? How rejected job applicants could find out who was really hired on these positions?