Sec. 122. CHANGES IN LABOR CERTIFICATION PROCESS

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## SEC. 122 CHANGES IN LABOR CERTIFICATION PROCESS **[**Subsection

(a)was stricken by §219(ff) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4319, Oct. 25, 1994); it would appear that this amendment was effective as of November 29, 1990 (namely as if included in the enactment of the Immigration Act of 1990), under §219(dd) of P.L. 103–416).**]** ###

(b)Notice in Labor Certifications The Secretary of Labor shall provide, in the labor certification process under section 212(a)(5)(A) of the Immigration and Nationality Act, that— ####

(1)no certification may be made unless the applicant for certification has, at the time of filing the application, provided notice of the filing

(A)to the bargaining representative (if any) of the employer's employees in the occupational classification and area for which aliens are sought, or

(B)if there is no such bargaining representative, to employees employed at the facility through posting in conspicuous locations; and ####

(2)any person may submit documentary evidence bearing on the application for certification (such as information on available workers, information on wages and working conditions, and information on the employer's failure to meet terms and conditions with respect to the employment of alien workers and co-workers).

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108 Stat. 4319

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Sec. 122

CHANGES IN LABOR CERTIFICATION PROCESS

Stat.108 Stat. 4319

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