UNITED STATES DEPARTMENT OF LABOR
BOARD OF ALIEN LABOR CERTIFICATION
APPEALS
Judges' Benchbook
Second Edition - May 1992
CHAPTER 16
NEW APPLICATIONS
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TABLE OF CONTENTS
I. Waiting period for reapplication
I. Waiting period for reapplication
Section 656.29(a) provides that
- A new application for labor certification by the same employer involving the same occupation may be filed at any time after the expiration of 6 months from the date of a denial of certification by the Certifying Officer, except that, if the certification was denied solely because the wage or salary was below the prevailing wage, the employer may reapply immediately pursuant to §§ 656.21, 656.21a, or 656.23, as appropriate.
The employer violated § 656.29(a) where it did not wait the required six months before filing a second application involving the same alien and position. Superior Technical School , 90-INA-37 (Jan. 2, 1991).
Section 656.29(b) provides that
- An alien who is denied a labor certification for a Schedule A occupation, except for employment as a physical therapist or as a professional nurse, may at any time have an employer file for a labor certification on the alien's behalf pursuant to § 656.21. Labor certifications for professional nurses and for physical therapists shall be considered only pursuant to §§ 656.10 and 656.22.