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Attestations by Employers Using Non-Immigrant Aliens in Specialty Occupations

Published on AidPage by IDILOGIC on Jun 24, 2005

Administered by:

US Federal Government Agency (see all agencies)
Department of Labor , Employment and Training Administration
CFDA #: 17.252

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Reports

The Employment and Training Administration compiles and maintains on a current basis for public examination in Washington, DC, a list of the labor condition applications. Such list is by employer, showing the occupational classification(s), wage rate(s), number of aliens sought, period(s) of intended employment, and date(s) of need for each employer's application.

Note: This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.

Audits

Employer has to make a filed labor condition application and necessary supporting documentation available for public examination at the employer's principal place of business in the U.S., or at the place of employment within one working day after the date on which the labor condition application is filed with the Employment and Training Administration. Complaints concerning misrepresentation in the attestation or failure of the employer to carry out the terms of the attestation may be filed with the Wage and Hour Division, Employment Standards Administration, Department of Labor. The Administrator, Wage and Hour Division, performs all the Secretary's investigative and enforcement functions under 8 U.S.C. 1182(n) and subparts I and K of 29 CFR Part 504.

Note: This section discusses audits required by the Federal agency. The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133. These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year, as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period, rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).

Records

Employer shall make the LCA and necessary supporting documentation available for public examination at the employer's principal place of business in the U.S. or at the place of employment within one working day after the date on which the LCA is filed with ETA.

Note: This section indicates the record retention requirements and the type of records the Federal agency may require. Not included are the normally imposed requirements of the General Accounting Office. For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C. For other programs, record retention is governed by the funding agency's requirements.