For the purposes of subparts L and M of this part:
Accepted for filing means that the Attestation and any supporting documentation submitted by the facility have been received by the Employment and Training Administration of the Department of Labor and have been found to be complete and acceptable for purposes of Attestation requirements in 655.1110 through 655.1118.
Administrative Law Judge means an official appointed under 5 U.S.C. 3105.
Administrator means the Administrator of the Wage and Hour Division, Employment Standards Administration, Department of Labor, and such authorized representatives as may be designated to perform any of the functions of the Administrator under subparts L and M of this part.
Administrator, Office of Foreign Labor Certification (OFLC ) means the primary official of the Office of Foreign Labor Certification (OFLC Administrator), or the OFLC Administrator's designee.
Aggrieved party means a person or entity whose operations or interests are adversely affected by the employer's alleged misrepresentation of material fact(s) or non-compliance with the Attestation and includes, but is not limited to:
(1) A worker whose job, wages, or working conditions are adversely affected by the facility's alleged misrepresentation of material fact(s) or non-compliance with the attestation;
(2) A bargaining representative for workers whose jobs, wages, or working conditions are adversely affected by the facility's alleged misrepresentation of material fact(s) or non-compliance with the attestation;
(3) A competitor adversely affected by the facility's alleged misrepresentation of material fact(s) or non-compliance with the attestation; and
(4) A government agency which has a program that is impacted by the facility's alleged misrepresentation of material fact(s) or non-compliance with the attestation.
Attorney General means the chief official
of the U.S. Department of Justice or the Attorney General's designee.
Board of Alien Labor Certification Appeals
(BALCA) means a panel of one or more administrative law judges who
serve on the permanent Board of Alien Labor Certification Appeals established
by 20 CFR part 656. BALCA consists of administrative law judges assigned to the
Department of Labor and designated by the Chief Administrative Law Judge to be
members of the Board of Alien Labor Certification Appeals.
Certifying Officer means a Department of
Labor official, or such official's designee, who makes determinations about
whether or not H-1C attestations are acceptable for certification.
Chief Administrative Law Judge means the
chief official of the Office of the Administrative Law Judges of the Department
of Labor or the Chief Administrative Law Judge's designee.
Date of filing means the date an
Attestation is "accepted for filing" by ETA.
Department and DOL mean
the United States Department of Labor.
Division means the Wage and Hour Division
of the Employment
Standards Administration, DOL.
Employed or employment
means the employment relationship as determined under the common law, except
that a facility which files a petition on behalf of an H-1C nonimmigrant is
deemed to be the employer of that H-1C nonimmigrant...
