U.S. Code of Federal Regulations
Regulations most recently checked for updates: May 27, 2023
(a) Requirement of assisted recruitment. If, as a result of audit or otherwise, the CO determines that a violation has occurred that does not warrant debarment, the CO may require the employer to engage in assisted recruitment for a defined period of time for any future CW–1 Application for Temporary Employment Certification.
(b) Notification of assisted recruitment. The CO will notify the employer (and its attorney or agent, if applicable) in writing of the assisted recruitment that will be required of the employer for a period of up to 2 years from the date the notice is issued. The notification will state the reasons for the imposition of the additional requirements, state that the employer's agreement to accept the conditions will constitute their inclusion as bona fide conditions and terms of a CW–1 Application for Temporary Employment Certification, and offer the employer an opportunity to request an administrative review. If administrative review is requested, the procedures in § 655.461 apply.
(c) Assisted recruitment. The assisted recruitment process will be in addition to any recruitment required of the employer by §§ 655.442 through 655.445 and may consist of, but is not limited to, one or more of the following:
(1) Requiring the employer to submit a draft advertisement to the CO for review and approval at the time of filing the CW–1 Application for Temporary Employment Certification;
(2) Designating the sources where the employer must recruit for U.S. workers in the Commonwealth and directing the employer to place the advertisement(s) in such sources;
(3) Extending the length of the placement of the advertisements;
(4) Requiring the employer to notify the CO in writing when the advertisement(s) are placed;
(5) Requiring an employer to perform any additional assisted recruitment directed by the CO;
(6) Requiring the employer to provide proof of the publication of all advertisements as directed by the CO;
(7) Requiring the employer to provide proof of all U.S. workers who applied (or on whose behalf an application is made) in response to the employer's recruitment efforts;
(8) Requiring the employer to submit any proof of contact with all referrals and former U.S. workers; or
(9) Requiring the employer to provide any additional documentation verifying it conducted the assisted recruitment as directed by the CO.
(d) Failure to comply. If an employer materially fails to comply with requirements ordered by the CO under this section, the certification will be denied and the employer and its attorney or agent may be debarred under § 655.473.