20 C.F.R. § 655.161 : Employees' Benefits — EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR — TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES — LABOR CERTIFICATION PROCESS FOR TEMPORARY AGRICULTURAL EMPLOYMENT IN THE UNITED STATES (H-2A WORKERS) —LABOR CERTIFICATION DETERMINATIONS — Criteria for certification

(a) The criteria for certification include whether the employer has complied with the applicable requirements of parts 653 and 654 of this chapter, and all requirements of this subpart, which are necessary to grant the labor certification.
(b) In making a determination as to whether there are insufficient U.S. workers to fill the employer's job opportunity, the CO will count as available any U.S. worker referred by the SWA or any U.S. worker who applied (or on whose behalf an application is made) directly to the employer, whom the employer has not rejected for a lawful, job-related reason.

20 C.F.R. § 655.161

84 FR 49457, 10/21/2019; 87 FR 61791, 11/14/2022