DOL on Job Opportunity Rejections

This is in response to a recent request for advice from the Regional Certifying Officer asking whether or not it would be appropriate to provide the relevant portions of the employer's post-recruitment report indicating the reasons for rejection, to U.S. workers that applied for the job opportunity involved in the labor certification application.

It is our understanding that an individual U.S. worker sent a follow-up questionnaire would only be provided with those portions of the employer's post-recruitment report that were relevant to his/her reasons for being rejected. Information pertaining to other U.S. workers that may have applied for the employer's job opportunity would not be furnished to an applicant sent a follow-up questionnaire. Information specifically relevant to the qualifications of the U.S. worker provided by the employer may be sent along with a follow-up questionnaire to such an applicant.

27MM4C20