Section 656.21(b)(2) proscribes the use of unduly restrictive job requirements in the recruitment process. Thus, the employer cannot use requirements that are not normal for the occupation or not included in the Dictionary of Occupational Titles (DOT), unless the employer establishes business necessity for that requirement. If the employer documents that the requirement is normal for the occupation or that it is included in the DOT, business necessity need not be established. See supra Division III.

The regulation, however, automatically places the burden on the employer to establish business necessity where the requirement is for a language other than English, see supra Division VI, involves a combination of duties, see supra Division VII, or is that the worker live on the employer's premises. See supra Division VIII. Employer preferences are to be considered job requirements. See supra Division X.

The reason unduly restrictive requirements are prohibited is that they have a chilling effect on the number of U.S. workers who may apply for or qualify for the job opportunity. The purpose of § 656.21(b)(2) is to make the job opportunity available to qualified U.S. workers. Venture International Associates, Ltd., 87-INA-569 (Jan. 13, 1989) (en banc).