20 CFR 655.451
§ 655.451 Criteria for temporary labor certification.
United States · 20 CFR — Employees' Benefits · Status: effective
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- Citation
- 20 CFR 655.451, § 655.451 Criteria for temporary labor certification, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/80978
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Full text
(a) The criteria for TLC include whether the employer has complied with all of the requirements of this subpart, which are required to grant the labor certification.
(b) In determining whether there are insufficient U.S. workers in the Commonwealth to fill the employer's job opportunity, the CO will count as available any U.S. worker who applied (or on whose behalf an application is made) directly to the employer, but who was rejected by the employer for other than a lawful job-related reason. In making this determination, the CO will also consider the employer's contacts with its former U.S. workers, including workers that have been laid off within 270 calendar days before the date of need.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.