20 C.F.R. § 655.141
Notice of deficiency.
Cite as 20 C.F.R. § 655.141 (2026)
(a)
Notification timeline.
If the CO determines the
Application for Temporary Employment Certification
or job order is incomplete, contains errors or inaccuracies, or does not meet the requirements set forth in this subpart, the CO will notify the employer within 7 calendar days of the CO's receipt of the
Application for Temporary Employment Certification.
A copy of this notification will be sent to the SWA serving the area of intended employment.
(b)
Notice content.
The notice will:
(1) State the reason(s) the
Application for Temporary Employment Certification
or job order fails to meet the criteria for acceptance;
(2) Offer the employer an opportunity to submit a modified
Application for Temporary Employment Certification
or job order within 5 business days from date of receipt stating the modification that is needed for the CO to issue the NOA;
(3) State that the CO's determination on whether to grant or deny the
Application for Temporary Employment Certification
will be made not later than 30 calendar days before the first date of need, provided that the employer submits the requested modification to the
Application for Temporary Employment Certification
or job order within 5 business days and in a manner specified by the CO; and
(4) State that if the employer does not comply with the requirements of § 655.142, the CO will deny the
Application for Temporary Employment Certification.
- Cross-references to the CFR
- 655.142