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20 CFR 655.141

§ 655.141 Notice of deficiency.

United States · 20 CFR — Employees' Benefits · Status: effective

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20 CFR 655.141, § 655.141 Notice of deficiency, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/80898
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(a) Notification timeline. If the CO determines the Application for Temporary Employment Certification or job order is incomplete, contains errors or inaccuracies, or does not meet the requirements set forth in this subpart, the CO will notify the employer within 7 calendar days of the CO's receipt of the Application for Temporary Employment Certification. A copy of this notification will be sent to the SWA serving the area of intended employment. (b) Notice content. The notice will: (1) State the reason(s) the Application for Temporary Employment Certification or job order fails to meet the criteria for acceptance; (2) Offer the employer an opportunity to submit a modified Application for Temporary Employment Certification or job order within 5 business days from date of receipt stating the modification that is needed for the CO to issue the NOA; (3) State that the CO's determination on whether to grant or deny the Application for Temporary Employment Certification will be made not later than 30 calendar days before the first date of need, provided that the employer submits the requested modification to the Application for Temporary Employment Certification or job order within 5 business days and in a manner specified by the CO; and (4) State that if the employer does not comply with the requirements of § 655.142, the CO will deny the Application for Temporary Employment Certification.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.