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41 rows where part_number = 656 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 20:20:3.0.2.1.28.1.41.1 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | A | Subpart A—Purpose and Scope of Part 656 | § 656.1 Purpose and scope of part 656. | DOL | [69 FR 77386, Dec. 27, 2004, as amended at 71 FR 35522, June 21, 2006] | (a) Under section 212(a)(5)(A) of the Immigration and Nationality Act (INA or Act) (8 U.S.C. 1182(a)(5)(A)), certain aliens may not obtain immigrant visas for entrance into the United States in order to engage in permanent employment unless the Secretary of Labor has first certified to the Secretary of State and to the Secretary of Homeland Security that: (1) There are not sufficient United States workers who are able, willing, qualified and available at the time of application for a visa and admission into the United States and at the place where the alien is to perform the work; and (2) The employment of the alien will not adversely affect the wages and working conditions of United States workers similarly employed. (b) The regulations under this part set forth the procedures through which such immigrant labor certifications may be applied for, and granted or denied. (c) Correspondence and questions about the regulations in this part should be addressed to: Office of Foreign Labor Certification, Employment and Training Administration, 200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210. | ||||
| 20:20:3.0.2.1.28.1.41.2 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | A | Subpart A—Purpose and Scope of Part 656 | § 656.2 Description of the Immigration and Nationality Act and of the Department of Labor's role thereunder. | DOL | (a) Description of the Act. The Act (8 U.S.C. 1101 et seq. ) regulates the admission of aliens into the United States. The Act designates the Secretary of Homeland Security and the Secretary of State as the principal administrators of its provisions. (b) Burden of proof under the Act. Section 291 of the Act (8 U.S.C. 1361) provides, in pertinent part, that: Whenever any person makes application for a visa or any other documentation required for entry, or makes application for admission, or otherwise attempts to enter the United States, the burden of proof shall be upon such person to establish that he is eligible to receive such visa or such document, or is not subject to exclusion under any provision of this Act * * *. Whenever any person makes application for a visa or any other documentation required for entry, or makes application for admission, or otherwise attempts to enter the United States, the burden of proof shall be upon such person to establish that he is eligible to receive such visa or such document, or is not subject to exclusion under any provision of this Act * * *. (c)(1) Role of the Department of Labor. The permanent labor certification role of the Department of Labor under the Act derives from section 212(a)(5)(A) (8 U.S.C. 1182(a)(5)(A)), which provides that any alien who seeks admission or status as an immigrant for the purpose of employment under paragraph (2) or (3) of section 203(b) of the Act may not be admitted unless the Secretary of Labor has first certified to the Secretary of State and to the Secretary of Homeland Security that: (i) There are not sufficient United States workers who are able, willing, qualified, and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor; and (ii) The employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed. (2) This certification is referred to in this p… | |||||
| 20:20:3.0.2.1.28.1.41.3 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | A | Subpart A—Purpose and Scope of Part 656 | § 656.3 Definitions, for purposes of this part, of terms used in this part. | DOL | [69 FR 77386, Dec. 27, 2004, as amended at 71 FR 35522, June 21, 2006; 72 FR 27944, May 17, 2007; 73 FR 78068, Dec. 19, 2008] | Act means the Immigration and Nationality Act, as amended, 8 U.S.C. 1101 et seq. Agent means a person who is not an employee of an employer, and who has been designated in writing to act on behalf of an alien or employer in connection with an application for labor certification. Applicant means a U.S. worker (see definition of U.S. worker below) who is applying for a job opportunity for which an employer has filed an Application for Permanent Employment Certification (ETA Form 9089). Application means an Application for Permanent Employment Certification submitted by an employer (or its agent or attorney) in applying for a labor certification under this part. Area of intended employment means the area within normal commuting distance of the place (address) of intended employment. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of intended employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of intended employment; however, not all locations within a Consolidated Metropolitan Statistical Area (CMSA) will be deemed automatically to be within normal commuting distance. The borders of MSA's and PMSA's are not controlling in the identification of the normal commuting area; a location outside of an MSA or PMSA (or a CMSA) may be within normal commuting distance of a location that is inside (e.g., near the border of) the MSA or PMSA (or CMSA). The terminology CMSAs and PMSAs are being replaced by the Office of Management and Budget (OMB). However, ETA will continue to recognize the use of these area concepts as well as their replacements. Attorney means any person who is a member in good standing of the bar of the highest court of any stat… | ||||
| 20:20:3.0.2.1.28.2.41.1 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | B | Subpart B—Occupational Labor Certification Determinations | § 656.5 Schedule A. | DOL | We have determined there are not sufficient United States workers who are able, willing, qualified, and available for the occupations listed below on Schedule A and the wages and working conditions of United States workers similarly employed will not be adversely affected by the employment of aliens in Schedule A occupations. An employer seeking a labor certification for an occupation listed on Schedule A may apply for that labor certification under § 656.15. (a) Group I: (1) Persons who will be employed as physical therapists, and who possess all the qualifications necessary to take the physical therapist licensing examination in the state in which they propose to practice physical therapy. (2) Aliens who will be employed as professional nurses; and (i) Who have received a Certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS); (ii) Who hold a permanent, full and unrestricted license to practice professional nursing in the state of intended employment; or (iii) Who have passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN), administered by the National Council of State Boards of Nursing. (3) Definitions of Group I occupations: (i) Physical therapist means a person who applies the art and science of physical therapy to the treatment of patients with disabilities, disorders and injuries to relieve pain, develop or restore function, and maintain performance, using physical means, such as exercise, massage, heat, water, light, and electricity, as prescribed by a physician (or a surgeon). (ii) Professional nurse means a person who applies the art and science of nursing which reflects comprehension of principles derived from the physical, biological and behavioral sciences. Professional nursing generally includes making clinical judgments involving the observation, care and counsel of persons requiring nursing care; administering of medicines and treatments prescribed by the physician or dentist; and participation in the activities for the promot… | |||||
| 20:20:3.0.2.1.28.3.41.1 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | C | Subpart C—Labor Certification Process | § 656.10 General instructions. | DOL | [69 FR 77386, Dec. 27, 2004, as amended at 71 FR 35523, June 21, 2006] | (a) Filing of applications. A request for a labor certification on behalf of any alien who is required by the Act to be a beneficiary of a labor certification in order to obtain permanent resident status in the United States may be filed as follows: (1) Except as provided in paragraphs (a)(2), (3), and (4) of this section, an employer seeking a labor certification must file under this section and § 656.17. (2) An employer seeking a labor certification for a college or university teacher must apply for a labor certification under this section and must also file under either § 656.17 or § 656.18. (3) An employer seeking labor certification for an occupation listed on Schedule A must apply for a labor certification under this section and § 656.15. (4) An employer seeking labor certification for a sheepherder must apply for a labor certification under this section and must also choose to file under either § 656.16 or § 656.17. (b) Representation. (1) Employers may have agents or attorneys represent them throughout the labor certification process. If an employer intends to be represented by an agent or attorney, the employer must sign the statement set forth on the Application for Permanent Employment Certification form: That the attorney or agent is representing the employer and the employer takes full responsibility for the accuracy of any representations made by the attorney or agent. Whenever, under this part, any notice or other document is required to be sent to the employer, the document will be sent to the attorney or agent who has been authorized to represent the employer on the Application for Permanent Employment Certification form. (2)(i) It is contrary to the best interests of U.S. workers to have the alien and/or agents or attorneys for either the employer or the alien participate in interviewing or considering U.S. workers for the job offered the alien. As the beneficiary of a labor certification application, the alien can not represent the best interests of U.S. workers in the job oppor… | ||||
| 20:20:3.0.2.1.28.3.41.10 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | C | Subpart C—Labor Certification Process | § 656.21 Supervised recruitment. | DOL | (a) Supervised recruitment. Where the Certifying Officer determines it appropriate, post-filing supervised recruitment may be required of the employer for the pending application or future applications pursuant to § 656.20(b). (b) Requirements. Supervised recruitment shall consist of advertising for the job opportunity by placing an advertisement in a newspaper of general circulation or in a professional, trade, or ethnic publication, and any other measures required by the CO. If placed in a newspaper of general circulation, the advertisement must be published for 3 consecutive days, one of which must be a Sunday; or, if placed in a professional, trade, or ethnic publication, the advertisement must be published in the next available published edition. The advertisement must be approved by the Certifying Officer before publication, and the CO will direct where the advertisement is to be placed. (1) The employer must supply a draft advertisement to the CO for review and approval within 30 days of being notified that supervised recruitment is required. (2) The advertisement must: (i) Direct applicants to send resumes or applications for the job opportunity to the CO for referral to the employer; (ii) Include an identification number and an address designated by the Certifying Officer; (iii) Describe the job opportunity; (iv) Not contain a wage rate lower than the prevailing wage rate; (v) Summarize the employer's minimum job requirements, which can not exceed any of the requirements entered on the application form by the employer; (vi) Offer training if the job opportunity is the type for which employers normally provide training; and (vii) Offer wages, terms and conditions of employment no less favorable than those offered to the alien. (c) Timing of advertisement. (1) The advertisement shall be placed in accordance with the guidance provided by the CO. (2) The employer will notify the CO when the advertisement will be placed. (d) Additional or substitute recruitment. The Certifying Officer may… | |||||
| 20:20:3.0.2.1.28.3.41.11 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | C | Subpart C—Labor Certification Process | § 656.24 Labor certification determinations. | DOL | [69 FR 77386, Dec. 27, 2004, as amended at 71 FR 35523, June 21, 2006; 72 FR 27945, May 17, 2007] | (a)(1) The Office of Foreign Labor Certification Administrator (OFLC Administrator) is the National Certifying Officer. The OFLC Administrator and the certifying officers in the ETA application processing centers have the authority to certify or deny labor certification applications. (2) If the labor certification presents a special or unique problem, the Director of an ETA application processing center may refer the matter to the Office of Foreign Labor Certification Administrator (OFLC Administrator). If the OFLC Administrator has directed that certain types of applications or specific applications be handled in the ETA national office, the Directors of the ETA application processing centers shall refer such applications to the OFLC Administrator. (b) The Certifying Officer makes a determination either to grant or deny the labor certification on the basis of whether or not: (1) The employer has met the requirements of this part. (2) There is in the United States a worker who is able, willing, qualified, and available for and at the place of the job opportunity. (i) The Certifying Officer must consider a U.S. worker able and qualified for the job opportunity if the worker, by education, training, experience, or a combination thereof, is able to perform in the normally accepted manner the duties involved in the occupation as customarily performed by other U.S. workers similarly employed. For the purposes of this paragraph (b)(2)(i), a U.S. worker is able and qualified for the job opportunity if the worker can acquire the skills necessary to perform the duties involved in the occupation during a reasonable period of on-the-job training. (ii) If the job involves a job opportunity as a college or university teacher, the U.S. worker must be at least as qualified as the alien. (3) The employment of the alien will not have an adverse effect upon the wages and working conditions of U.S. workers similarly employed. In making this determination, the Certifying Officer considers such things as: labor market informat… | ||||
| 20:20:3.0.2.1.28.3.41.12 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | C | Subpart C—Labor Certification Process | § 656.26 Board of Alien Labor Certification Appeals review of denials of labor certification. | DOL | [69 FR 77386, Dec. 27, 2004, as amended at 72 FR 27945, May 17, 2007] | (a) Request for review. (1) If a labor certification is denied, if a labor certification is revoked pursuant to § 656.32, or if a debarment is issued under § 656.31(f), a request for review of the denial, revocation, or debarment may be made to the Board of Alien Labor Certification Appeals by the employer or debarred person or entity by making a request for such an administrative review in accordance with the procedures provided in paragraph (a) of this section. In the case of a finding of debarment, receipt by the Department of a request for review, if made in accordance with this section, shall stay the debarment until such time as the review has been completed and a decision rendered thereon. (2) A request for review of a denial or revocation: (i) Must be sent within 30 days of the date of the determination to the Certifying Officer who denied the application or revoked the certification; (ii) Must clearly identify the particular labor certification determination for which review is sought; (iii) Must set forth the particular grounds for the request; and (iv) Must include a copy of the Final Determination. (3) A request for review of debarment: (i) Must be sent to the Administrator, Office of Foreign Labor Certification, within 30 days of the date of the debarment determination; (ii) Must clearly identify the particular debarment determination for which review is sought; (iii) Must set forth the particular grounds for the request; and (iv) Must include a copy of the Notice of Debarment. (4)(i) With respect to a denial of the request for review, statements, briefs, and other submissions of the parties and amicus curiae must contain only legal argument and only such evidence that was within the record upon which the denial of labor certification was based. (ii) With respect to a revocation or a debarment determination, the BALCA proceeding may be de novo. (b) Upon the receipt of a request for review, the Certifying Officer immediately must assemble an indexed Appeal File: (1) The Appeal File mus… | ||||
| 20:20:3.0.2.1.28.3.41.13 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | C | Subpart C—Labor Certification Process | § 656.27 Consideration by and decisions of the Board of Alien Labor Certification Appeals. | DOL | [69 FR 77386, Dec. 27, 2004, as amended at 85 FR 13029, Mar. 6, 2020; 85 FR 30615, May 20, 2020] | (a) Panel designations. In considering requests for review before it, the Board of Alien Labor Certification Appeals may sit in panels of three members. The Chief Administrative Law Judge may designate any Board of Alien Labor Certification Appeals member to submit proposed findings and recommendations to the Board of Alien Labor Certification Appeals or to any duly designated panel thereof to consider a particular case. (b) Briefs and Statements of Position. In considering the requests for review before it, the Board of Alien Labor Certification Appeals must afford all parties 30 days to submit or decline to submit any appropriate Statement of Position or legal brief. The Certifying Officer is to be represented solely by the Solicitor of Labor or the Solicitor's designated representative. (c) Review on the record. The Board of Alien Labor Certification Appeals must review a denial of labor certification under § 656.24, a revocation of a certification under § 656.32, or an affirmation of a prevailing wage determination under § 656.41 on the basis of the record upon which the decision was made, the request for review, and any Statements of Position or legal briefs submitted and, except in cases over which the Secretary has assumed jurisdiction pursuant to 29 CFR 18.95, must: (1) Affirm the denial of the labor certification, the revocation of certification, or the affirmation of the PWD; or (2) Direct the Certifying Officer to grant the certification, overrule the revocation of certification, or overrule the affirmation of the PWD; or (3) Direct that a hearing on the case be held under paragraph (e) of this section. (d) Notifications of decisions. The Board of Alien Labor Certification Appeals must notify the employer, the Certifying Officer, and the Solicitor of Labor of its decision, and must return the record to the Certifying Officer unless the case has been set for hearing under paragraph (e) of this section. (e) Hearings —(1) Notification of hearing. If the case has been set for a hearing, t… | ||||
| 20:20:3.0.2.1.28.3.41.14 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | C | Subpart C—Labor Certification Process | § 656.30 Validity of and invalidation of labor certifications. | DOL | [69 FR 77386, Dec. 27, 2004, as amended at 72 FR 27946, May 17, 2007] | (a) Priority date. (1) The filing date for a Schedule A occupation or sheepherders is the date the application was dated by the Immigration Officer. (2) The filing date, established under § 656.17(c), of an approved labor certification may be used as a priority date by the Department of Homeland Security and the Department of State, as appropriate. (b) Expiration of labor certifications. For certifications resulting from applications filed under this part and 20 CFR part 656 in effect prior to March 28, 2005, the following applies: (1) An approved permanent labor certification granted on or after July 16, 2007 expires if not filed in support of a Form I-140 petition with the Department of Homeland Security within 180 calendar days of the date the Department of Labor granted the certification. (2) An approved permanent labor certification granted before July 16, 2007 expires if not filed in support of a Form I-140 petition with the Department of Homeland Security within 180 calendar days of July 16, 2007. (c) Scope of validity. For certifications resulting from applications filed under this part or 20 CFR part 656 in effect prior to March 28, 2005, the following applies: (1) A permanent labor certification for a Schedule A occupation or sheepherders is valid only for the occupation set forth on the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089) and only for the alien named on the original application, unless a substitution was approved prior to July 16, 2007. The certification is valid throughout the United States unless the certification contains a geographic limitation. (2) A permanent labor certification involving a specific job offer is valid only for the particular job opportunity, the alien named on the original application (unless a substitution was approved prior to July 16, 2007), and the area of intended employment stated on the Application for Alien Employment Certification (Form ETA 750) or the … | ||||
| 20:20:3.0.2.1.28.3.41.15 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | C | Subpart C—Labor Certification Process | § 656.31 Labor certification applications involving fraud, willful misrepresentation, or violations of this part. | DOL | [72 FR 27946, May 17, 2007] | The following provisions apply to applications filed under both this part and 20 CFR part 656 in effect prior to March 28, 2005, and to any certifications resulting from those applications. (a) Denial. A Certifying Officer may deny any application for permanent labor certification if the officer finds the application contains false statements, is fraudulent, or was otherwise submitted in violation of the Department's permanent labor certification regulations. (b) Possible fraud or willful misrepresentation. (1) If the Department learns an employer, attorney, or agent is involved in possible fraud or willful misrepresentation in connection with the permanent labor certification program, the Department will refer the matter to the Department of Justice, Department of Homeland Security, or other government entity, as appropriate, for investigation, and send a copy of the referral to the Department of Labor's Office of Inspector General (OIG). In these cases, or if the Department learns an employer, attorney, or agent is under investigation by the Department of Justice, Department of Homeland Security, or other government entity for possible fraud or willful misrepresentation in connection with the permanent labor certification program, the Department may suspend processing of any permanent labor certification application involving such employer, attorney, or agent until completion of any investigation and/or judicial proceedings. Unless the investigatory agency, in writing, requests the Department to do otherwise, the Department shall provide written notification to the employer of the suspension in processing. (2) A suspension pursuant to paragraph (b)(1) of this section may last initially for up to 180 days. No later than 180 days after the suspension began, if no criminal indictment or information has been issued, or judicial proceedings have not been concluded, the National Certifying Officer may resume processing some or all of the applications, or may extend the suspension in processing until completion… | ||||
| 20:20:3.0.2.1.28.3.41.16 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | C | Subpart C—Labor Certification Process | § 656.32 Revocation of approved labor certifications. | DOL | (a) Basis for DOL revocation. The Certifying Officer in consultation with the Chief, Division of Foreign Labor Certification may take steps to revoke an approved labor certification, if he/she finds the certification was not justified. A labor certification may also be invalidated by DHS or the Department of State as set forth in § 656.30(d). (b) Department of Labor procedures for revocation. (1) The Certifying Officer sends to the employer a Notice of Intent to Revoke an approved labor certification which contains a detailed statement of the grounds for the revocation and the time period allowed for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. The Certifying Officer must consider all relevant evidence presented in deciding whether to revoke the labor certification. (2) If rebuttal evidence is not filed by the employer, the Notice of Intent to Revoke becomes the final decision of the Secretary. (3) If the employer files rebuttal evidence and the Certifying Officer determines the certification should be revoked, the employer may file an appeal under § 656.26. (4) The Certifying Officer will inform the employer within 30 days of receiving any rebuttal evidence whether or not the labor certification will be revoked. (5) If the labor certification is revoked, the Certifying Officer will also send a copy of the notification to the DHS and the Department of State. | |||||
| 20:20:3.0.2.1.28.3.41.2 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | C | Subpart C—Labor Certification Process | § 656.11 Substitutions and modifications to applications. | DOL | [72 FR 27944, May 17, 2007] | (a) Substitution or change to the identity of an alien beneficiary on any application for permanent labor certification, whether filed under this part or 20 CFR part 656 in effect prior to March 28, 2005, and on any resulting certification, is prohibited for any request to substitute submitted after July 16, 2007. (b) Requests for modifications to an application will not be accepted for applications submitted after July 16, 2007. | ||||
| 20:20:3.0.2.1.28.3.41.3 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | C | Subpart C—Labor Certification Process | § 656.12 Improper commerce and payment. | DOL | [72 FR 27945, May 17, 2007] | The following provision applies to applications filed under both this part and 20 CFR part 656 in effect prior to March 28, 2005, and to any certification resulting from those applications: (a) Applications for permanent labor certification and approved labor certifications are not articles of commerce. They shall not be offered for sale, barter or purchase by individuals or entities. Any evidence that an application for permanent labor certification or an approved labor certification has been sold, bartered, or purchased shall be grounds for investigation under this part and may be grounds for denial under § 656.24, revocation under § 656.32, debarment under § 656.31(f), or any combination thereof. (b) An employer must not seek or receive payment of any kind for any activity related to obtaining permanent labor certification, including payment of the employer's attorneys' fees, whether as an incentive or inducement to filing, or as a reimbursement for costs incurred in preparing or filing a permanent labor certification application, except when work to be performed by the alien in connection with the job opportunity would benefit or accrue to the person or entity making the payment, based on that person's or entity's established business relationship with the employer. An alien may pay his or her own costs in connection with a labor certification, including attorneys' fees for representation of the alien, except that where the same attorney represents both the alien and the employer, such costs shall be borne by the employer. For purposes of this paragraph (b), payment includes, but is not limited to, monetary payments; wage concessions, including deductions from wages, salary, or benefits; kickbacks, bribes, or tributes; in kind payments; and free labor. (c) Evidence that an employer has sought or received payment from any source in connection with an application for permanent labor certification or an approved labor certification, except for a third party to whose benefit work to be performed in connection … | ||||
| 20:20:3.0.2.1.28.3.41.4 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | C | Subpart C—Labor Certification Process | § 656.15 Applications for labor certification for | DOL | [69 FR 77386, Dec. 27, 2004, as amended at 73 FR 78068, Dec. 19, 2008] | (a) Filing application. An employer must apply for a labor certification for a Schedule A occupation by filing an application with the appropriate DHS office, and not with an ETA application processing center. (b) General documentation requirements. A Schedule A application must include: (1) An Application for Permanent Employment Certification form, which includes a prevailing wage determination in accordance with §§ 656.40 and 656.41. (2) Evidence that notice of filing the Application for Permanent Employment Certification was provided to the bargaining representative or the employer's employees as prescribed in § 656.10(d). (c) Group I documentation. An employer seeking labor certification under Group I of Schedule A must file with DHS, as part of its labor certification application, documentary evidence of the following: (1) An employer seeking Schedule A labor certification for an alien to be employed as a physical therapist (§ 656.5(a)(1)) must file as part of its labor certification application a letter or statement, signed by an authorized state physical therapy licensing official in the state of intended employment, stating the alien is qualified to take that state's written licensing examination for physical therapists. Application for certification of permanent employment as a physical therapist may be made only under this § 656.15 and not under § 656.17. (2) An employer seeking a Schedule A labor certification for an alien to be employed as a professional nurse (§ 656.5(a)(2)) must file as part of its labor certification application documentation that the alien has received a Certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS); that the alien holds a full and unrestricted (permanent) license to practice nursing in the state of intended employment; or that the alien has passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN). Application for certification of employment as a professional nurse may be made only under this § … | ||||
| 20:20:3.0.2.1.28.3.41.5 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | C | Subpart C—Labor Certification Process | § 656.16 Labor certification applications for sheepherders. | DOL | [69 FR 77386, Dec. 27, 2004, as amended at 71 FR 35523, June 21, 2006] | (a) Filing requirements and required documentation. (1) An employer may apply for a labor certification to employ an alien (who has been employed legally as a nonimmigrant sheepherder in the United States for at least 33 of the preceding 36 months) as a sheepherder by filing an Application for Permanent Employment Certification form directly with DHS, not with an office of DOL. (2) A signed letter or letters from each U.S. employer who has employed the alien as a sheepherder during the immediately preceding 36 months, attesting the alien has been employed in the United States lawfully and continuously as a sheepherder for at least 33 of the immediately preceding 36 months, must be filed with the application. (b) Determination. An Immigration Officer reviews the application and the letters attesting to the alien's previous employment as a sheepherder in the United States, and determines whether or not the alien and the employer(s) have met the requirements of this section. (1) The determination of the Immigration Officer under this paragraph (b) is conclusive and final. The employer(s) and the alien, therefore, may not make use of the review procedures set forth at §§ 656.26 and 656.27 to appeal such a determination. (2) If the alien and the employer(s) have met the requirements of this section, the Immigration Officer must indicate on the Application for Permanent Employment Certification form the occupation, the immigration office that made the determination, and the date of the determination (see § 656.30 for the significance of this date). The Immigration Officer must then promptly forward a copy of the Application for Permanent Employment Certification form, without attachments, to the Office of Foreign Labor Certification (OFLC) Administrator. (c) Alternative filing. If an application for a sheepherder does not meet the requirements of this section, the application may be filed under § 656.17. | ||||
| 20:20:3.0.2.1.28.3.41.6 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | C | Subpart C—Labor Certification Process | § 656.17 Basic labor certification process. | DOL | (a) Filing applications. (1) Except as otherwise provided by §§ 656.15, 656.16, and 656.18, an employer who desires to apply for a labor certification on behalf of an alien must file a completed Department of Labor Application for Permanent Employment Certification form (ETA Form 9089). The application must be filed with an ETA application processing center. Incomplete applications will be denied. Applications filed and certified electronically must, upon receipt of the labor certification, be signed immediately by the employer in order to be valid. Applications submitted by mail must contain the original signature of the employer, alien, attorney, and/or agent when they are received by the application processing center. DHS will not process petitions unless they are supported by an original certified ETA Form 9089 that has been signed by the employer, alien, attorney and/or agent. (2) The Department of Labor may issue or require the use of certain identifying information, including user identifiers, passwords, or personal identification numbers (PINS). The purpose of these personal identifiers is to allow the Department of Labor to associate a given electronic submission with a single, specific individual. Personal identifiers can not be issued to a company or business. Rather, a personal identifier can only be issued to specific individual. Any personal identifiers must be used solely by the individual to whom they are assigned and can not be used or transferred to any other individual. An individual assigned a personal identifier must take all reasonable steps to ensure that his or her personal identifier can not be compromised. If an individual assigned a personal identifier suspects, or becomes aware, that his or her personal identifier has been compromised or is being used by someone else, then the individual must notify the Department of Labor immediately of the incident and cease the electronic transmission of any further submissions under that personal identifier until such time as a new personal id… | |||||
| 20:20:3.0.2.1.28.3.41.7 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | C | Subpart C—Labor Certification Process | § 656.18 Optional special recruitment and documentation procedures for college and university teachers. | DOL | (a) Filing requirements. Applications for certification of employment of college and university teachers must be filed by submitting a completed Application for Permanent Employment Certification form to the appropriate ETA application processing center. (b) Recruitment. The employer may recruit for college and university teachers under § 656.17 or must be able to document the alien was selected for the job opportunity in a competitive recruitment and selection process through which the alien was found to be more qualified than any of the United States workers who applied for the job. For purposes of this paragraph (b), documentation of the “competitive recruitment and selection process” must include: (1) A statement, signed by an official who has actual hiring authority from the employer outlining in detail the complete recruitment procedures undertaken; and which must set forth: (i) The total number of applicants for the job opportunity; (ii) The specific lawful job-related reasons why the alien is more qualified than each U.S. worker who applied for the job; and (2) A final report of the faculty, student, and/or administrative body making the recommendation or selection of the alien, at the completion of the competitive recruitment and selection process; (3) A copy of at least one advertisement for the job opportunity placed in a national professional journal, giving the name and the date(s) of publication; and which states the job title, duties, and requirements; (4) Evidence of all other recruitment sources utilized; and (5) A written statement attesting to the degree of the alien's educational or professional qualifications and academic achievements. (c) Time limit for filing. Applications for permanent alien labor certification for job opportunities as college and university teachers must be filed within 18 months after a selection is made pursuant to a competitive recruitment and selection process. (d) Alternative procedure. An employer that can not or does not choose to satisfy the sp… | |||||
| 20:20:3.0.2.1.28.3.41.8 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | C | Subpart C—Labor Certification Process | § 656.19 Live-in household domestic service workers. | DOL | (a) Processing. Applications on behalf of live-in household domestic service occupations are processed pursuant to the requirements of the basic process at § 656.17. (b) Required documentation. Employers filing applications on behalf of live-in household domestic service workers must provide, in event of an audit, the following documentation: (1) A statement describing the household living accommodations, including the following: (i) Whether the residence is a house or apartment; (ii) The number of rooms in the residence; (iii) The number of adults and children, and ages of the children, residing in the household; and (iv) That free board and a private room not shared with any other person will be provided to the alien. (2) Two copies of the employment contract, each signed and dated prior to the filing of the application by both the employer and the alien (not by their attorneys or agents). The contract must clearly state: (i) The wages to be paid on an hourly and weekly basis; (ii) Total hours of employment per week, and exact hours of daily employment; (iii) That the alien is free to leave the employer's premises during all non-work hours except the alien may work overtime if paid for the overtime at no less than the legally required hourly rate; (iv) That the alien will reside on the employer's premises; (v) Complete details of the duties to be performed by the alien; (vi) The total amount of any money to be advanced by the employer with details of specific items, and the terms of repayment by the alien of any such advance by the employer; (vii) That in no event may the alien be required to give more than two weeks' notice of intent to leave the employment contracted for and the employer must give the alien at least two weeks' notice before terminating employment; (viii) That a duplicate contract has been furnished to the alien; (ix) That a private room and board will be provided at no cost to the worker; and (x) Any other agreement or conditions not specified on the Application for Perm… | |||||
| 20:20:3.0.2.1.28.3.41.9 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | C | Subpart C—Labor Certification Process | § 656.20 Audit procedures. | DOL | [69 FR 77386, Dec. 27, 2004, as amended at 71 FR 35523, June 21, 2006] | (a) Review of the labor certification application may lead to an audit of the application. Additionally, certain applications may be selected randomly for audit and quality control purposes. If an application is selected for audit, the Certifying Officer shall issue an audit letter. The audit letter will: (1) State the documentation that must be submitted by the employer; (2) Specify a date, 30 days from the date of the audit letter, by which the required documentation must be submitted; and (3) Advise that if the required documentation has not been sent by the date specified the application will be denied. (i) Failure to provide documentation in a timely manner constitutes a refusal to exhaust available administrative remedies; and (ii) The administrative-judicial review procedure provided in § 656.26 is not available. (b) A substantial failure by the employer to provide required documentation will result in that application being denied under § 656.24 and may result in a determination by the Certifying Officer pursuant to § 656.24 to require the employer to conduct supervised recruitment under § 656.21 in future filings of labor certification applications for up to 2 years. (c) The Certifying Officer may in his or her discretion provide one extension, of up to 30 days, to the 30 days specified in paragraph (a)(2) of this section. (d) Before making a final determination in accordance with the standards in § 656.24, whether in course of an audit or otherwise, the Certifying Officer may: (1) Request supplemental information and/or documentation; or (2) Require the employer to conduct supervised recruitment under § 656.21. | ||||
| 20:20:3.0.2.1.28.4.41.1 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | D | Subpart D—Determination of Prevailing Wage | § 656.40 Determination of prevailing wage for labor certification purposes. | DOL | [69 FR 77386, Dec. 27, 2004, as amended at 73 FR 78068, Dec. 19, 2008; 85 FR 63915, Oct. 8, 2020; 86 FR 70731, Dec. 13, 2021] | (a) Application process. The employer must request a PWD from the NPC, on a form or in a manner prescribed by OFLC. Prior to January 1, 2010, the SWA having jurisdiction over the area of intended employment shall continue to receive and process prevailing wage determination requests in accordance with the regulatory provisions and Department guidance in effect prior to January 1, 2009. On or after January 1, 2010, the NPC shall receive and process prevailing wage determination requests in accordance with these regulations and with Department guidance. The NPC will provide the employer with an appropriate prevailing wage rate. The NPC shall determine the wage in accordance with sec. 212(t) of the INA. Unless the employer chooses to appeal the center's PWD under § 656.41(a) of this part, it files the Application for Permanent Employment Certification either electronically or by mail with the processing center of jurisdiction and maintains the PWD in its files. The determination shall be submitted to the CO, if requested. (b) Determinations. The National Processing Center will determine the appropriate prevailing wage as follows: (1) Except as provided in paragraphs (e) and (f) of this section, if the job opportunity is covered by a collective bargaining agreement (CBA) that was negotiated at arms-length between the union and the employer, the wage rate set forth in the CBA agreement is considered as not adversely affecting the wages of U.S. workers similarly employed, that is, it is considered the “prevailing wage” for labor certification purposes. (2) If the job opportunity is not covered by a CBA, the prevailing wage for labor certification purposes shall be the arithmetic mean, except as provided in paragraph (b)(3) of this section, of the wages of workers similarly employed in the area of intended employment. The wage component of the DOL Occupational Employment Statistics Survey shall be used to determine the arithmetic mean, unless the employer provides an acceptable survey under paragraph (g) of this … | ||||
| 20:20:3.0.2.1.28.4.41.2 | 20 | Employees' Benefits | V | 656 | PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES | D | Subpart D—Determination of Prevailing Wage | § 656.41 Review of prevailing wage determinations. | DOL | [73 FR 78069, Dec. 19, 2008] | (a) Review of NPC PWD. Any employer desiring review of a PWD made by a CO must make a request for such review within 30 days of the date from when the PWD was issued. The request for review must be sent to the director of the NPC that issued the PWD within 30 days of the date of the PWD; clearly identify the PWD from which review is sought; set forth the particular grounds for the request; and include all the materials pertaining to the PWD submitted to the NPC up to the date of the PWD received from the NPC. (b) Processing of request by NPC. Upon the receipt of a request for review, the NPC will review the employer's request and accompanying documentation, and add any material that may have been omitted by the employer, including any material the NPC sent the employer up to the date of the PWD. (c) Review on the record. The director will review the PWD solely on the basis upon which the PWD was made and, upon the request for review, may either affirm or modify the PWD. (d) Request for review by BALCA. Any employer desiring review of the director's determination must make a request for review by the BALCA within 30 days of the date of the Director's decision. (1) The request for review, statements, briefs, and other submissions of the parties and amicus curiae must contain only legal arguments and only such evidence that was within the record upon which the director made his/her affirmation of the PWD. (2) The request for review must be in writing and addressed to the director of the NPC making the determination. Upon receipt of a request for a review, the director will assemble an indexed appeal file in reverse chronological order, with the index on top followed by the most recent document. (3) The director will send the Appeal File to the Office of Administrative Law Judges, BALCA. The BALCA handles the appeals in accordance with §§ 656.26 and 656.27. | ||||
| 34:34:3.1.3.1.22.1.17.1 | 34 | Education | VI | 656 | PART 656—NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE AND AREA STUDIES | A | Subpart A—General | § 656.1 What is the purpose of the National Resource Centers Program? | ED | (a) Under the National Resource Centers Program for Foreign Language and Areas Studies (National Resource Centers Program), the Secretary awards grants to institutions of higher education and consortia of institutions to establish, strengthen, and operate comprehensive and undergraduate Centers that act cooperatively as national resources for— (1) Teaching of modern foreign languages, especially less commonly taught languages; (2) Instruction in fields of study needed to provide full understanding of areas, regions, or countries in which such languages are commonly used; (3) Research and training in international studies and the international and foreign language aspects of professional and other fields of study; and (4) Instruction and research on issues in world affairs that concern one or more countries. (b) Through the activities described in paragraph (a) of this section, the National Resource Centers Program contributes to the purposes of the programs authorized by part A of title VI of the Higher Education Act of 1965, as amended, listed in § 655.5(a). | |||||
| 34:34:3.1.3.1.22.1.17.2 | 34 | Education | VI | 656 | PART 656—NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE AND AREA STUDIES | A | Subpart A—General | § 656.2 What entities are eligible to receive a grant? | ED | (a) An institution of higher education or a consortium of institutions of higher education is eligible to receive a grant under this part as either a comprehensive Center or undergraduate Center. (b) An institution of higher education or a consortium of institutions of higher education that is a current recipient of a grant under this part as either a comprehensive Center or undergraduate Center is eligible to receive an additional grant under this part for special purposes related to library collections, outreach, and summer institutes, as described in § 656.4. | |||||
| 34:34:3.1.3.1.22.1.17.3 | 34 | Education | VI | 656 | PART 656—NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE AND AREA STUDIES | A | Subpart A—General | § 656.3 What defines a comprehensive or undergraduate National Resource Center? | ED | (a) A Center's area of focus for research, teaching, training, instruction, and project activities must be aligned with both of the following requirements: (1) The area of focus must be a geographic world area or a geographically designated region that spans multiple world areas. (2) Research, teaching, training, and instruction in specific languages, countries, regions, societies, or other units of analysis related to the area of focus described in this paragraph (1) must be conducted at the institution. (b) A comprehensive Center is an administrative unit of an eligible institution of higher education that independently or through collaboration with other administrative units— (1) Provides intensive modern foreign language training, especially for less commonly taught languages, in the Center's area of focus; (2) Contributes significantly to the national interest in advanced research and scholarship in the Center's area of focus; (3) Employs a critical mass of scholars in diverse disciplines related to the Center's area of focus; (4) Maintains important library collections related to the Center's area of focus; (5) Makes training available in language and area studies in the Center's area of focus, to graduate, postgraduate, and undergraduate students; (6) Addresses national needs for modern foreign language and area studies expertise and knowledge, including through, but not limited to, the placement of students into postgraduate employment, education, or training in areas of need; and (7) Disseminates information about the Center's area of focus to audiences in the United States. (c) An undergraduate Center independently or through collaboration with other administrative units— (1) Teaches modern foreign languages, especially less commonly taught languages, related to the Center's area of focus; (2) Prepares undergraduate students to matriculate into advanced modern foreign language and area studies programs and professional school programs; (3) Incorporates substantial content related to the Ce… | |||||
| 34:34:3.1.3.1.22.1.17.4 | 34 | Education | VI | 656 | PART 656—NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE AND AREA STUDIES | A | Subpart A—General | § 656.4 For what special purposes may a Center receive an additional grant under this part? | ED | The Secretary may make additional special purpose grants to Centers for one or more of the following purposes: (a) Linkage or outreach between foreign language, area studies, and other international fields and professional schools and colleges. (b) Linkage or outreach with 2- and 4-year colleges and universities. (c) Linkage or outreach between or among— (1) Postsecondary programs or departments in foreign language, area studies, or other international fields; and (2) State educational agencies or local educational agencies. (d) Partnerships or programs of linkage and outreach with departments or agencies of Federal and State governments, including Federal or State scholarship programs for students in related areas. (e) Linkage or outreach with the news media, business, professional, or trade associations. (f) Summer institutes in area studies, foreign language, or other international fields designed to carry out the activities in paragraphs (a), (b), (d), and (e) of this section. (g) Maintenance of important library collections. | |||||
| 34:34:3.1.3.1.22.1.17.5 | 34 | Education | VI | 656 | PART 656—NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE AND AREA STUDIES | A | Subpart A—General | § 656.5 What regulations apply to this program? | ED | The following regulations apply to this program: (a) The regulations in 34 CFR part 655. (b) The regulations in this part 656. | |||||
| 34:34:3.1.3.1.22.1.17.6 | 34 | Education | VI | 656 | PART 656—NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE AND AREA STUDIES | A | Subpart A—General | § 656.6 What definitions apply to this program? | ED | The following definitions apply to this part: (a) The definitions in 34 CFR part 655. (b) The following definitions, unless otherwise specified: Critical mass of scholars means a concentration of modern foreign language and area studies faculty, researchers, and other similar personnel associated with a Center who collectively make significant contributions in a field of area studies because of their expertise and are distinguished by their training in many different academic disciplines in addition to their active engagement in interdisciplinary initiatives related to the Center's area of focus. The following are examples of other factors that may be considered in determining whether there is a critical mass of scholars: (i) Whether instruction in many foreign languages is offered. (ii) Whether specialized area studies or language instruction is regularly offered. (iii) The number of graduate student research projects (dissertations, theses, or equivalents) supervised. (iv) The degree of collaboration with international partners. (v) Participation in professional activities or consultations with partners outside academia. (vi) Professional awards and honors. (vii) Roles in professional associations. (viii) Activities funded by external grants. (ix) The number of scholars relative to all similarly qualified individuals in the United States. Institution means an institution of higher education, as defined in 34 CFR part 655. References to an institution include all institutions of higher education that operate as a consortium under this part. National Resource Center (Center) means an administrative unit within an institution of higher education that is a grantee under this part that coordinates educational initiatives related to an area of focus as described in § 656.3(a) at that institution or for a consortium of institutions through direct access to faculty, staff, administrators, students, library collections and other research collections, and other educational resources that support researc… | |||||
| 34:34:3.1.3.1.22.1.17.7 | 34 | Education | VI | 656 | PART 656—NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE AND AREA STUDIES | A | Subpart A—General | § 656.7 Severability. | ED | If any provision of this part or its application to any person, act, or practice is held invalid, the remainder of the part or the application of its provisions to any other person, act, or practice will not be affected thereby. | |||||
| 34:34:3.1.3.1.22.2.17.1 | 34 | Education | VI | 656 | PART 656—NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE AND AREA STUDIES | B | Subpart B—How Does an Eligible Institution Apply for a Grant? | § 656.10 How does an institution submit a grant application? | ED | The application notice published in the Federal Register explains how to apply for a new grant under this part. | |||||
| 34:34:3.1.3.1.22.2.17.2 | 34 | Education | VI | 656 | PART 656—NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE AND AREA STUDIES | B | Subpart B—How Does an Eligible Institution Apply for a Grant? | § 656.11 What assurances and other information must an applicant include in an application? | ED | (a) Each institution of higher education, including each member of a consortium, applying for a grant under this part must provide all of the following: (1) An explanation of how the activities funded by the grant will reflect diverse perspectives, as defined in part 655, and a wide range of views and generate debate on world regions and international affairs. (2) A description of how the applicant will encourage government service in areas of national need, as identified by the Secretary, as well as in areas of need in the education, business, and nonprofit sectors. (b) An applicant must submit an Applicant Profile Form, as described in the application package. (c) An applicant must submit a description of the applicant's policy regarding non-discriminatory hiring practices. (d) An applicant must submit a description of the applicant's travel policies, if such policies exist, or a statement that such policies do not exist. (e) Each consortium applying for an award under this part must submit a group agreement (consortium agreement) that addresses the required elements of 34 CFR 75.128 and describes a rationale for the formation of the consortium. | |||||
| 34:34:3.1.3.1.22.3.17.1 | 34 | Education | VI | 656 | PART 656—NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE AND AREA STUDIES | C | Subpart C—How Does the Secretary Make a Grant? | § 656.20 How does the Secretary select applications for funding? | ED | (a) The Secretary evaluates an application for a comprehensive Center under the criteria contained in § 656.21, and for an undergraduate Center under the criteria contained in § 656.22. The Secretary evaluates applications for additional special purpose grants to Centers under the criteria contained in § 656.23. (b) The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a notice published in the Federal Register . (c) The Secretary makes grant awards using a peer review process. Applications that share the same or similar area of focus, as declared by each applicant under § 656.3(a), are grouped together for purposes of review. Each application is reviewed for excellence based on the applicable criteria referenced in paragraph (a) of this section. Applications are then ranked within each group that shares the same or similar area of focus. (d) The Secretary may determine a minimum total score required to demonstrate a sufficient degree of excellence to qualify for a grant under this part. (e) If insufficient money is available to fund all applications demonstrating a sufficient degree of excellence as determined under paragraphs (a), (c), and (d) of this section, the Secretary considers the degree to which priorities derived from the consultation on areas of national need or established under the provisions of § 656.24 and relating to specific countries, world areas, or languages are served when selecting applications for funding and determining the amount of a grant. | |||||
| 34:34:3.1.3.1.22.3.17.2 | 34 | Education | VI | 656 | PART 656—NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE AND AREA STUDIES | C | Subpart C—How Does the Secretary Make a Grant? | § 656.21 What selection criteria does the Secretary use to evaluate an application for a comprehensive Center? | ED | The Secretary evaluates an application for a comprehensive Center on the basis of the criteria in this section. (a) Center scope, personnel, and operations. The Secretary reviews each application to determine one or more of the following: (1) The extent to which the proposed Center's area of focus meets the requirements in § 656.3(a). (2) The extent to which the project director and other individuals, including relevant staff and faculty, are qualified to administer the proposed Center and oversee the implementation of project activities, including the degree to which they engage in ongoing professional development activities relevant to their roles at the proposed Center. (3) The adequacy of governance and oversight arrangements for the proposed Center, including the extent to which faculty from a variety of academic units participate in administration and oversee outreach activities, and, for a consortium, the extent to which the consortium agreement demonstrates commitment to a common objective. (4) The extent to which the institution provides or will provide financial, administrative, and other support for the operation of the proposed Center at a level sufficient to enable the administration of the proposed project and coordination of educational initiatives in the proposed Center's area of focus. (b) Quality of existing academic programs. The Secretary reviews each application to determine one or more of the following: (1) The extent to which the institution makes high-quality training, especially integrated interdisciplinary training in modern foreign languages and area studies, appropriate to the applicant's area of focus, available in the curricula for graduate, professional, and undergraduate students in a wide variety of educational programs. (2) The extent to which the institution routinely provides language instruction, including intensive language instruction, relevant to the applicant's area of focus at multiple levels, as well as the degree to which these offerings represent distinctiv… | |||||
| 34:34:3.1.3.1.22.3.17.3 | 34 | Education | VI | 656 | PART 656—NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE AND AREA STUDIES | C | Subpart C—How Does the Secretary Make a Grant? | § 656.22 What selection criteria does the Secretary use to evaluate an application for an undergraduate Center? | ED | The Secretary evaluates an application for an undergraduate Center on the basis of the criteria in this section. (a) Center scope, personnel, and operations. The Secretary reviews each application to determine one or more of the following: (1) The extent to which the proposed Center's area of focus meets the requirements in § 656.3(a). (2) The extent to which the project director and other individuals, including relevant staff and faculty, are qualified to administer the proposed Center and oversee the implementation of project activities, including the degree to which they engage in ongoing professional development activities relevant to their roles at the proposed Center. (3) The adequacy of governance and oversight arrangements for the proposed Center, including the extent to which faculty from a variety of academic units participate in administration and oversee outreach activities, and, for a consortium, the extent to which the consortium agreement demonstrates commitment to a common objective. (4) The extent to which the institution provides or will provide financial, administrative, and other support for the operation of the proposed Center at a level sufficient to enable the administration of the proposed project and coordination of educational initiatives in the proposed Center's area of focus. (b) Quality of existing academic programs. The Secretary reviews each application to determine one or more of the following: (1) The extent to which the institution makes high-quality training, especially integrated interdisciplinary training in modern foreign language and area or international studies, appropriate to the applicant's area of focus, available in educational programs for undergraduate students. (2) The extent to which the institution routinely provides language instruction relevant to the applicant's area of focus, as well as the degree to which these offerings represent distinctive commitments to depth or breadth of coverage. (3) The extent to which qualified experts at the institution… | |||||
| 34:34:3.1.3.1.22.3.17.4 | 34 | Education | VI | 656 | PART 656—NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE AND AREA STUDIES | C | Subpart C—How Does the Secretary Make a Grant? | § 656.23 What selection criteria does the Secretary use to evaluate an application for an additional special purpose grant to a Center? | ED | The Secretary evaluates an application for an additional special purpose grant for a Center on the basis of one or more of the criteria in this section. (a) Project design and rationale. The Secretary reviews each application to determine one or more of the following: (1) The extent to which the project aligns with the Center's approved area of focus under § 656.3(a) and proposes at least one type of activity described in § 656.4(a)-(g). (2) The extent to which the intended outcomes of the proposed project are clearly specified, possible to achieve within the project period, and address specific gaps or weaknesses in services, infrastructure, or opportunities related to the Center's area of focus, the purpose of the National Resource Centers program described in § 656.1, and the appropriate type of Center described in § 656.3(b)-(c). (3) The extent to which the project is likely to contribute to meeting national needs related to language and area studies knowledge or expertise. (4) The extent to which the proposed project is designed to build academic and/or institutional capacity and sustain results beyond the project period. (b) Project planning and budget. The Secretary reviews each application to determine one or more of the following: (1) The extent to which all proposed activities are adequately described relative to their contribution to the proposed project's intended outcomes. (2) The extent to which all proposed activities are of high quality, including the degree to which they align with the purpose of the National Resource Centers program as described in § 656.1, the appropriate type of Center described in § 656.3(b)-(c), and the proposed project's intended outcomes. (3) The extent to which the proposed timeline of activities and other application materials, such as letters of support, demonstrate the feasibility of completing proposed activities during the project period. (4) The extent to which all costs are itemized in the budget narrative and the costs are reasonable in relation to t… | |||||
| 34:34:3.1.3.1.22.3.17.5 | 34 | Education | VI | 656 | PART 656—NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE AND AREA STUDIES | C | Subpart C—How Does the Secretary Make a Grant? | § 656.24 What priorities may the Secretary establish? | ED | (a) The Secretary may select one or more of the following funding priorities: (1) Specific world areas, countries, or societies. (2) Instruction of specific modern foreign languages. (3) Modern foreign language instruction at a specific level or degree of intensity, such as intermediate or advanced language instruction or instruction at an intensity of 10 clock hours or more per week. (4) Specific areas of national need for expertise in foreign languages and world areas derived from the consultation with Federal agencies on areas of national need. (5) Specific area of focus, such as a world area or a portion of a world area ( e.g., a single country or society) in addition to a specific topic ( e.g., economic cooperation, cybersecurity, energy, climate change, translation, genocide prevention, or migration). (b) The Secretary may select one or more of the activities listed in § 656.4 or § 656.30(a) as a funding priority. (c) The Secretary announces any priorities in the application notice published in the Federal Register . | |||||
| 34:34:3.1.3.1.22.4.17.1 | 34 | Education | VI | 656 | PART 656—NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE AND AREA STUDIES | D | Subpart D—What Conditions Must Be Met by a Grantee? | § 656.30 What activities and costs are allowable? | ED | (a) Allowable activities and costs. Except as provided under paragraph (b) of this section, a grant awarded under this part may be used to pay all or part of the cost of establishing, strengthening, or operating a comprehensive or undergraduate Center including, but not limited to, the cost of the following: (1) Supporting instructors of the less commonly taught languages related to the Center's area of focus. (2) Creating, expanding, or improving opportunities for the formal study of the less commonly taught languages related to the Center's area of focus. (3) Creating or operating summer institutes in the United States or abroad designed to provide modern foreign language and area training in the Center's area of focus. (4) Cooperating with other Centers to conduct projects that address issues of world, regional, cross-regional, international, or global importance. (5) Bringing visiting scholars and faculty to the Center to teach, conduct research, or participate in conferences or workshops. (6) Disseminating information about the Center's area of focus to various audiences in the United States through domestic outreach activities involving, for example, elementary and secondary schools, postsecondary institutions, businesses, and the media. (7) Funding library acquisitions, the maintenance of library collections, or efforts to enhance access to library collections related to the Center's area of focus. (8) Establishing and maintaining linkages with overseas institutions of higher education, alumni, and other organizations that may contribute to the teaching and research of the Center's area of focus. (9) Creating, obtaining, modifying, or improving access to teaching and research materials related to the Center's area of focus. (10) Creating, expanding, or improving activities or teaching materials that are intended to increase modern foreign language proficiency related to the Center's area of focus among students in the science, technology, engineering, and mathematics fields. (11) Conducting pr… | |||||
| 7:7:6.1.3.6.25.0.1.1 | 7 | Agriculture | VI | F | 656 | PART 656—PROCEDURES FOR THE PROTECTION OF ARCHEOLOGICAL AND HISTORICAL PROPERTIES ENCOUNTERED IN NRCS-ASSISTED PROGRAMS | § 656.1 Purpose. | NRCS | This part prescribes Natural Resources Conservation Service (NRCS) policy, procedures, and guidelines for the implementation of archeological and historical laws and appropriate executive orders for administering NRCS programs. | ||||||
| 7:7:6.1.3.6.25.0.1.2 | 7 | Agriculture | VI | F | 656 | PART 656—PROCEDURES FOR THE PROTECTION OF ARCHEOLOGICAL AND HISTORICAL PROPERTIES ENCOUNTERED IN NRCS-ASSISTED PROGRAMS | § 656.2 Archeological and historical laws and Executive orders applicable to NRCS-assisted programs. | NRCS | (a) The Act of June 27, 1960, relating to the preservation of historical and archeological data, Pub. L. 86-523, 74 Stat. 220, as amended May 24, 1974; Pub. L. 93-291, 88 Stat. 174 (16 U.S.C. 469 et seq. ), provides for the preservation of historical and archeological materials or data, including relics and specimens, that might otherwise be lost or destroyed as a result of any Federal or federally-assisted or licensed project, activity, or program. (b) The National Historic Preservation Act, Pub. L. 89-665, 80 Stat. 915, as amended, (16 U.S.C. 470 et seq. ), authorizes the Secretary of the Interior to maintain and expand a National Register of Historic Places (NRHP), including historic districts, sites, buildings, structures, and objects that are significant in American history, architecture, archeology, and culture. This law also establishes the Advisory Council on Historic Preservation (ACHP), to be appointed by the President. Section 106 of this Act (16 U.S.C. 470f), requires that prior to the approval of any Federal or federally-assisted or licensed undertaking, the Federal agency shall afford the ACHP a reasonable opportunity to comment, if properties listed in or eligible for listing in NRHP are affected. (c) Executive Order 11593 (36 FR 8921, 3 CFR 1971 Comp. P. 154 ), Protection and Enhancement of the Cultural Environment, provides that the Federal government shall furnish leadership in preserving, restoring, and maintaining the historical and cultural environment of the nation, and that Federal agencies shall administer the cultural properties under their control in a spirit of stewardship and trusteeship for future generations; initiate measures necessary to direct their policies, plans, and programs in such a way that federally owned sites, structures, and objects of historical, architectural, or archeological significance are preserved, restored, and maintained. Section 1(3) directs that agencies institute procedures to assure that Federal plans and programs contribute to the preservation an… | ||||||
| 7:7:6.1.3.6.25.0.1.3 | 7 | Agriculture | VI | F | 656 | PART 656—PROCEDURES FOR THE PROTECTION OF ARCHEOLOGICAL AND HISTORICAL PROPERTIES ENCOUNTERED IN NRCS-ASSISTED PROGRAMS | § 656.3 Policy. | NRCS | (a) NRCS recognizes that significant historical, archeological, and architectural resources are an important part of our national heritage, the protection of which requires careful consideration in this agency's project planning and implementation process. (b) NRCS will take reasonable precautions to avoid damaging any significant historic, cultural, or natural aspects of our national heritage and will work with the National Park Service (NPS) and the Advisory Council on Historic Preservation (ACHP) in identifying and seeking to avoid or mitigate adverse effects of NRCS-assisted projects on the Nation's significant cultural resources. The procedures contained in this part have been developed to comply with sections 1(3) and 2(c) of Executive Order 11593. | ||||||
| 7:7:6.1.3.6.25.0.1.4 | 7 | Agriculture | VI | F | 656 | PART 656—PROCEDURES FOR THE PROTECTION OF ARCHEOLOGICAL AND HISTORICAL PROPERTIES ENCOUNTERED IN NRCS-ASSISTED PROGRAMS | §§ 656.4-656.9 [Reserved] | NRCS |
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