Orlandi Landscaping Group, 2007-PER-00016.

We affirm the CO’s denial of certification on the basis that the Employer failed to properly recruit for a professional occupation, as required under 20 C.F.R. § 656.17(e)(1). When an employer applies for certification on behalf of an alien, the job duties described must “be those normally required for the occupation and must not exceed the Specific Vocational Preparation level assigned to the occupation as shown in the O*NET Job Zones.” 20 C.F.R. §656.17(h) (2005) (emphasis added). The employer must take certain recruitment steps depending on whether the position is a professional occupation or a nonprofessional occupation. 20 C.F.R. § 656.17(e). Appendix A of the Preamble to 20 C.F.R. Part 656 provides an extensive list of professional occupations, which are defined as “occupation[s] for which the attainment of a bachelor’s or higher degree is a usual education requirement.” 20 C.F.R. § 656.3 (2005).

This entry was posted on April 09th, 2007 and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or Trackback from your own site.