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Employment and Training Administration, Labor § 656.

only to labor certifications for perma- Judges assigned to the Department of

nent employment. Labor and designated by the Chief Ad-
[56 CFR 54927, Oct. 23, 1991] ministrative Law Judge to be members
of the Board of Alien Labor Certifi-
§ 656.3 Definitions, for purposes of this cation Appeals. The Board of Alien
part, of terms used in this part. Labor Certification Appeals is located
Act means the Immigration and Na- in Washington, DC, and reviews and de-
tionality Act, as amended, 8 U.S.C. 1101 cides appeals in Washington, DC.
et seq. Certifying Officer means a Depart-
Administrative Law Judge means an of- ment of Labor official who makes de-
ficial appointed pursuant to 5 U.S.C. terminations about whether or not to
3105. grant applications for labor certifi-
Agent means a person who is not an cations:
employee of an employer, and who has (1) A regional Certifying Officer des-
been designated in writing to act on be-
ignated by a Regional Administrator,
half of an alien or employer in connec-
Employment and Training Administra-
tion with an application for labor cer-
tification. tion (RA) makes such determinations
Application means an Application for in a regional office of the Department;
Alien Employment Certification form and (2) A national Certifying Officer
any other documents submitted by an makes such determinations in the na-
alien and/or employer (or their agents) tional office of the USES.
in applying for a labor certification (3) The addresses of the regional Cer-
under this part. tifying Officers are set forth in § 656.60
Area of intended employment means of this part.
the area within normal commuting dis- Chief Administrative Law Judge means
tance of the place (address) of intended the chief official of the Office of Ad-
employment. If the place of intended ministrative Law Judges of the Depart-
employment is within a Metropolitan ment of Labor.
Statistical Area (MSA), any place Consular Officer means an official of
within the MSA is deemed to be within
the U.S. Department of State who han-
normal commuting distance of the
dles applications for labor certifi-
place of intended employment.
Assistant Secretary means the Assist- cations pursuant to this part.
ant Secretary of Labor for Employ- Director means the chief official of
ment and Training, the chief official of the United States Employment Service
the Employment and Training Admin- or the Director’s designee.
istration. Employment means permanent full-
Attorney means any person who is a time work by an employee for an em-
member in good standing of the bar of ployer other than oneself. For purposes
the highest court of any State, Posses- of this definition an investor is not an
sion, Territory, or Commonwealth of employee.
the United States, or the District of Employment and Training Administra-
Columbia, and who is not under any tion (ETA) means the agency within the
order of any court or of the Board of Department of Labor (DOL) which in-
Immigration Appeals suspending, en- cludes the United States Employment
joining, restraining, disbarring, or oth- Service (USES).
erwise restricting him or her in the Employer means a person, associa-
practice of law. tion, firm, or a corporation which cur-
Attorney General means the chief offi-
rently has a location within the United
cial of the U.S. Department of Justice
States to which U.S. workers may be
or the designee of the Attorney Gen-
eral. referred for employment, and which
Board of Alien Labor Certification Ap- proposes to employ a full-time worker
peals means the permanent Board of at a place within the United States or
Alien Labor Certification Appeals es- the authorized representative of such a
tablished by this part, chaired by the person, association, firm, or corpora-
Chief Administrative Law Judge, and tion. For purposes of this definition an
consisting of Administrative Law ‘‘authorized representative’’ means an


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§ 656.3 20 CFR Ch. V (4–1–04 Edition)

employee of the employer whose posi- ment Service office serving the area
tion or legal status authorizes the em- where the job opportunity is located.
ployee to act for the employer in labor Notice of Findings means a notice
certification matters. which sets for the bases upon which a
Final Determination form means the Certifying Officer intends to deny a
form used by the Certifying Officer to labor certification unless the bases are
notify employers (and aliens) of labor satisfactorily rebutted.
certification determinations (and was Occupation designated for special han-
formerly known as the ‘‘Determination dling means an occupation, described at
and Transmittal form’’). § 656.21a, for which DOL has determined
Immigration and Naturalization Service that special labor market tests are ap-
(INS) means the agency within the U.S. propriate.
Department of Justice which admin- Physicians (and/or surgeons) means
isters that Department’s principal persons who apply the art and science
functions under the Act. of medicine or surgery primarily in pa-
Immigration Officer means an official tient care to the diagnosis, prevention,
of the Immigration and Naturalization and treatment of human diseases, dis-
Service (INS) who handles applications orders of the mind, and pregnancy.
for labor certifications pursuant to this This definition includes persons prac-
part. ticing medicine, surgery, osteopathy,
INS, see Immigration and Naturaliza- psychiatry, and opthamology. The phy-
tion Service. sician or surgeon may specialize in
Job opportunity means a job opening treating a specific area of the body, or
for employment at a place in the a particular disease, sex, or age group.
United States to which U.S. workers Professional nurses means persons who
can be referred. apply the art and science and nursing,
Labor certification means the certifi- which reflects comprehension of prin-
cation to the Secretary of State and to ciples derived from the physical, bio-
the Attorney General of the determina- logical, and behavioral sciences. Pro-
tion by the Secretary of Labor pursu- fessional nursing generally includes
ant to section 212(a)(14) of the Immi- the making of clinical judgements con-
gration and Nationality Act (8 U.S.C. cerning the observation, care, and
1182(a)(14)): counsel of persons requiring nursing
(1) That there are not sufficient U.S. care; and administering of medicines
workers who are able, willing, quali- and treatments prescribed by the phy-
fied, and available at the time of an sician or dentist; the participation in
alien’s application for a visa and ad- activities for the promotion of health
mission to the United States and at the and the prevention of illness in others.
place where the alien is to perform the A program of study for professional
work; and nurses generally includes theory and
(2) That the employment of the alien practice in clinical areas such as: ob-
will not adversely affect the wages and stetrics, surgery, pediatrics, psychi-
working conditions of similarly em- atry, and medicine. This definition in-
ployed U.S. workers. cludes only those occupations within
Local Employment Service office and Occupational Group No. 075 of the Dic-
local office mean a full-time office of a tionary of Occupational Title (4th ed.)
State Employment Service agency Regional Administrator, Employment
(also known as a State Employment and Training Administration (RA) means
Security Agency (SESA) also known as the chief official of the Employment
a State employment service), which is and Training Administration (ETA) in
maintained for the purpose of pro- a Department of Labor (DOL) regional
viding placement and other services of office.
the Employment Service System, and Schedule A means the list of occupa-
which serves a particular geographic tions set forth at § 656.10, with respect
area within a State. Unless specified to which the Director has determined
otherwise in this part, the local office that there are not sufficient United
performing the functions required by States workers who are able, willing,
this part shall be the local Employ- qualified and available, and that the


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Employment and Training Administration, Labor § 656.10

employment of aliens in such occupa- Subpart B—Occupational Labor

tions will not adversely affect the Certification Determinations
wages and working conditions of
United States workers similarly em- § 656.10 Schedule A.
The Director, United States Employ-
Schedule B means the list of occupa- ment Service (Director), has deter-
tions set forth in § 656.11, with respect mined that there are not sufficient
to which the Director has determined United States workers who are able,
that there are generally sufficient willing, qualified, and available for the
United States workers who are able, occupations listed below on Schedule A
willing, qualified and available, and and that the wages and working condi-
that the employment of aliens in such tions of United States workers simi-
occupations will generally adversely larly employed will not be adversely
affect the wages and working condi- affected by the employment of aliens
tions of the United States workers in Schedule A occupations. An alien
similarly employed. seeking a labor certification for an oc-
Secretary means the Secretary of cupation listed on Schedule A may
Labor, the chief official of the U.S. De- apply for that labor certification pur-
partment of Labor, or the Secretary’s suant to § 656.22.
Secretary of State means the chief offi-
cial of the U.S. Department of State or (a) Group I:
the Secretary of State’s designee. (1) Persons who will be employed as phys-
United States, when used in a geo- ical therapists, and who possess all the quali-
fications necessary to take the physical
graphic sense, means the fifty States,
therapist licensing examination in the State
the District of Columbia, Puerto Rico, in which they propose to practice physical
the U.S. Virgin Islands, and Guam. therapy.
United States Employment Service (2) Aliens who will be employed as profes-
(USES) means the agency of the U.S. sional nurses; and (i) who have passed the
Department of Labor, established Commission on Graduates of Foreign Nurs-
under the Wagner-Peyser Act (29 U.S.C. ing Schools (CGFNS) Examination; or (ii)
who hold a full and unrestricted license to
49 et seq.), which is charged with ad-
practice professional nursing in the State of
ministering the national system of intended employment.
public employment offices (the Em- (3) Definitions of Group I occupations:
ployment Service (ES) System) and (i) ‘‘Physical therapist’’ means a person who
with carrying out the functions of the applies the art and science of physical ther-
Secretary under section 212(a)(14) of apy to the treatment of patients with dis-
the Immigration and Nationality Act abilities, disorders and injuries to relieve
(8 U.S.C. 1182(a)(14)). pain, develop or restore function, and main-
tain performance, using physical means,
United States worker means any work- such as exercise, massage, heat, water, light,
er who is a U.S. citizen; is a U.S. na- and electricity, as prescribed by a physician
tional; is lawfully admitted for perma- (or surgeon).
nent residence; is granted the status of (ii) ‘‘Professional nurse’’ is defined in
an alien lawfully admitted for perma- § 656.50.
nent residence under 8 U.S.C. 1160(a), (b) Group II:
1161(a), or 1255a(a)(1); is admitted as a Aliens (except for aliens in the performing
refugee under 8 U.S.C. 1157; or is grant- arts) of exceptional ability in the sciences or
arts including college and university teach-
ed asylum under 8 U.S.C. 1158.
ers of exceptional ability who have been
[45 FR 83933, Dec. 19, 1980, as amended at 52 practicing their science or art during the
FR 11219, Apr. 8, 1987; 52 FR 20596, June 2, year prior to application and who intend to
1987; 56 FR 54930, Oct. 23, 1991. Redesignated practice the same science or art in the
and amended at 56 FR 54930, Oct. 23, 1991; 63 United States. For purposes of this group,
FR 13767, Mar. 20, 1998; 65 FR 80238, Dec. 20, the term ‘‘science or art’’ means any field of
2000] knowledge and/or skill with respect to which
colleges and universities commonly offer
specialized courses leading to a degree in the
knowledge and/or skill. An alien, however,


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