100 STAT. 3412
PUBLIC LAW 99-603—NOV. 6, 1986
with respect to an employer if the conditions described in that subsection are not met or if any of the following conditions are met: "(1) There is a strike or lockout in the course of a labor dispute which, under the regulations, precludes such certifi"' cation. "(2)(A) The employer during the previous two-year period r '5 < i,-f.k
employed H-2A workers and the Secretary of Labor has determined, after notice and opportunity for a hearing, that the employer at any time during that period substantially violated a material term or condition of the labor certification with respect to the employment of domestic or nonimmigrant workers. "(B) No employer may be denied certification under subparagraph (A) for more than three years for any violation described in such subparagraph. "(3) The employer has not provided the Secretary with satisfactory assurances that if the employment for which the certification is sought is not covered by State workers' compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of and in the course of the worker's employment which will provide benefits at least
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equal to those provided under the State workers' compensation law for comparable employment. •so "(4) The Secretary determines that the employer has not made positive recruitment efforts within a multi-state region of y\ traditional or expected labor supply where the Secretary finds that there are a significant number of qualified United States workers who, if recruited, would be willing to make themselves available for work at the time and place needed. Positive
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recruitment under this paragraph is in addition to, and shall be conducted within the same time period as, the circulation r '.s through the interstate employment service system of the ' employer's job offer. The obligation to engage in positive J. recruitment under this paragraph shall terminate on the date ^ the H-2A workers depart for the employer's place of employment. "(c) SPECIAL RULES FOR CONSIDERATION OF APPLICATIONS.—The
following rules shall apply in the case of the filing and consideration 55i -^jg.,, of an application for a labor certification under this section: "(1) DEADLINE FOR FILING APPLICATIONS.—The Secretary of
Labor may not require that the application be filed more than 60 days before the first date the employer requires the labor or services of the H-2A worker. "(2)
NOTICE WITHIN SEVEN DAYS OF DEFICIENCIES.—(A)
The
employer shall be notified in writing within seven days of the ^.;n date of filing if the application does not meet the standards (other than that described in subsection (a)(1)(A)) for approval. "(B) If the application does not meet such standards, the notice shall include the reasons therefor and the Secretary shall provide an opportunity for the prompt resubmission of a modi•1 fied application. "(3) ISSUANCE OF CERTIFICATION.—(A) The Secretary of Labor shall make, not later than 20 days before the date such labor or V services are first required to be performed, the certification described in subsection (a)(1) if—
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