20 CFR Part 655
PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES
- PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES
- Chapter V—Employment and Training Administration, Department of Labor
- § 655.0 Scope and purpose of part.
- § 655.00 Authority of the Office of Foreign Labor Certification (OFLC) Administrator under subparts A, B, and C.
- Subpart A—Labor Certification Process for Temporary Non-Agricultural Employment in the United States (H-2B Workers)
- § 655.1 Scope and purpose of this subpart.
- § 655.2 Authority of the agencies, offices, and divisions in the Department of Labor.
- § 655.3 Territory of Guam.
- § 655.4 Transition procedures.
- § 655.5 Definition of terms.
- § 655.6 Temporary need.
- § 655.7 Persons and entities authorized to file.
- § 655.8 Requirements for agents.
- § 655.9 Disclosure of foreign worker recruitment.
- Prefiling Procedures
- § 655.10 Determination of prevailing wage for temporary labor certification purposes.
- § 655.11 Registration of H-2B employers.
- § 655.12 Use of registration of H-2B employers.
- § 655.13 Review of PWDs.
- § 655.14 [Reserved]
- Application for Temporary Employment Certification Filing Procedures
- § 655.15 Application filing requirements.
- § 655.16 Filing of the job order at the SWA.
- § 655.17 Emergency situations.
- § 655.18 Job order assurances and contents.
- § 655.19 Job contractor filing requirements.
- Assurances and Obligations
- § 655.20 Assurances and obligations of H-2B employers.
- §§ 655.21-655.29 [Reserved]
- Processing of an Application for Temporary Employment Certification
- § 655.30 Processing of an application and job order.
- § 655.31 Notice of deficiency.
- § 655.32 Submission of a modified application or job order.
- § 655.33 Notice of acceptance.
- § 655.34 Electronic job registry.
- § 655.35 Amendments to an application or job order.
- §§ 655.36-655.39 [Reserved]
- Post-Acceptance Requirements
- § 655.40 Employer-conducted recruitment.
- § 655.41 Advertising requirements.
- § 655.42 [Reserved]
- § 655.43 Contact with former U.S. employees.
- § 655.44 [Reserved]
- § 655.45 Contact with bargaining representative, posting and other contact requirements.
- § 655.46 Additional employer-conducted recruitment.
- § 655.47 Referrals of U.S. workers.
- § 655.48 Recruitment report.
- § 655.49 [Reserved]
- Labor Certification Determinations
- § 655.50 Determinations.
- § 655.51 Criteria for certification.
- § 655.52 Approved certification.
- § 655.53 Denied certification.
- § 655.54 Partial certification.
- § 655.55 Validity of temporary labor certification.
- § 655.56 Document retention requirements of H-2B employers.
- § 655.57 Request for determination based on nonavailability of U.S. workers.
- §§ 655.58-655.59 [Reserved]
- Post Certification Activities
- § 655.60 Extensions.
- § 655.61 Administrative review.
- § 655.62 Withdrawal of an Application for Temporary Employment Certification.
- § 655.63 Public disclosure.
- § 655.64 Special application filing and eligibility provisions for Fiscal Year 2026 under the supplemental cap increase under Section 105 of Division G, Title I of the Further Consolidated Appropriations Act, 2024, Public Law 118-47, as extended by the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, Public Law 119-37.
- § 655.65 Special document retention provisions for Fiscal Years 2024 through 2027 under the Consolidated Appropriations Act, 2023, as extended by Public Law 118-15.
- § 655.67 Special document retention provisions for Fiscal Years 2023 through 2026 under the Consolidated Appropriations Act, 2022, as extended by Public Law 117-180.
- § 655.68 Special document retention provisions for Fiscal Years 2025 through 2028 under the Further Consolidated Appropriations Act, 2024, as extended by Public Law 118-83.
- § 655.69 Special document retention provisions for Fiscal Years 2026 through 2029 under the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, Public Law 119-37.
- Integrity Measures
- § 655.70 Audits.
- § 655.71 CO-ordered assisted recruitment.
- § 655.72 Revocation.
- § 655.73 Debarment.
- §§ 655.74-655.99 [Reserved]
- Subpart B—Labor Certification Process for Temporary Agricultural Employment in the United States (H-2A Workers)
- § 655.100 Purpose and scope of this subpart.
- § 655.101 Authority of the agencies, offices, and divisions in the Department of Labor.
- § 655.102 Transition procedures.
- § 655.103 Overview of this subpart and definition of terms.
- § 655.104 Successors in interest.
- § 655.120 Offered wage rate.
- § 655.121 Job order filing requirements.
- § 655.122 Contents of job offers.
- § 655.123 [Reserved]
- § 655.124 Withdrawal of a job order.
- § 655.130 Application filing requirements.
- § 655.131 Agricultural association and joint employer filing requirements.
- § 655.132 H-2A labor contractor filing requirements.
- § 655.133 Requirements for agents.
- § 655.134 Emergency situations.
- § 655.135 Assurances and obligations of H-2A employers.
- § 655.136 Withdrawal of an Application for Temporary Employment Certification and job order.
- § 655.137 Disclosure of foreign worker recruitment.
- § 655.140 Review of applications.
- § 655.141 Notice of deficiency.
- § 655.142 Submission of modified applications.
- § 655.143 Notice of acceptance.
- § 655.144 Electronic job registry.
- § 655.145 Pre-determination amendments to applications for temporary employment certification.
- § 655.150 Interstate clearance of job order.
- §§ 655.151-655.152 [Reserved]
- § 655.153 Contact with former U.S. workers.
- § 655.154 Additional positive recruitment.
- § 655.155 Referrals of U.S. workers.
- § 655.156 Recruitment report.
- § 655.157 Withholding of U.S. workers prohibited.
- § 655.158 Duration of positive recruitment.
- § 655.160 Determinations.
- § 655.161 Criteria for certification.
- § 655.162 Approved certification.
- § 655.163 Certification fee.
- § 655.164 Denied certification.
- § 655.165 Partial certification.
- § 655.166 Requests for determinations based on nonavailability of U.S. workers.
- § 655.167 Document retention requirements of H-2A employers.
- § 655.170 Extensions.
- § 655.171 Appeals.
- § 655.172 Post-certification withdrawals.
- § 655.173 Setting meal charges; petition for higher meal charges.
- § 655.174 Public disclosure.
- § 655.175 Post-certification changes to applications for temporary employment certification.
- § 655.180 Audit.
- § 655.181 Revocation.
- § 655.182 Debarment.
- § 655.183 Less than substantial violations.
- § 655.184 Applications involving fraud or willful misrepresentation.
- § 655.185 Job service complaint system; enforcement of work contracts.
- § 655.190 Severability.
- § 655.200 Scope and purpose of herding and range livestock regulations in this section and §§ 655.201 through 655.235.
- § 655.201 Definition of herding and range livestock terms.
- § 655.205 Herding and range livestock job orders.
- § 655.210 Contents of herding and range livestock job orders.
- § 655.211 Herding and range livestock wage rate.
- § 655.215 Procedures for filing herding and range livestock Applications for Temporary Employment Certification.
- § 655.220 Processing herding and range livestock Applications for Temporary Employment Certification.
- § 655.225 Post-acceptance requirements for herding and range livestock.
- § 655.230 Range housing.
- § 655.235 Standards for range housing.
- § 655.300 Scope and purpose.
- § 655.301 Definition of terms.
- § 655.302 Contents of job orders.
- § 655.303 Procedures for filing Applications for Temporary Employment Certification.
- § 655.304 Standards for mobile housing.
- Subparts C-D [Reserved]
- Subpart E—Labor Certification Process for Temporary Employment in the Commonwealth of the Northern Marianas Islands (CW-1 Workers)
- § 655.400 Scope and purpose of this subpart.
- § 655.401 Authority of the agencies, offices, and divisions in the Department of Labor.
- § 655.402 Definition of terms.
- § 655.403 Persons and entities authorized to file.
- § 655.404 Requirements for agents.
- §§ 655.405-655.409 [Reserved]
- Prefiling Procedures
- § 655.410 Offered wage rate and determination of prevailing wage.
- § 655.411 Review of prevailing wage determinations.
- §§ 655.412-655.419 [Reserved]
- CW-1 Application for Temporary Employment Certification Filing Procedures
- § 655.420 Application filing requirements.
- § 655.421 Job contractor filing requirements.
- § 655.422 Emergency situations.
- § 655.423 Assurances and obligations of CW-1 employers.
- §§ 655.424-655.429 [Reserved]
- Processing of an CW-1 Application for Temporary Employment Certification
- § 655.430 Review of applications.
- § 655.431 Notice of Deficiency.
- § 655.432 Submission of modified applications.
- § 655.433 Notice of Acceptance.
- § 655.434 Amendments to an application.
- §§ 655.435-655.439 [Reserved]
- Post Acceptance Requirements
- § 655.440 Employer-conducted recruitment.
- § 655.441 Job offer assurances and advertising contents.
- § 655.442 Place advertisement with CNMI Department of Labor.
- § 655.443 Contact with former U.S. workers.
- § 655.444 Notice of posting requirement.
- § 655.445 Additional employer-conducted recruitment.
- § 655.446 Recruitment report.
- §§ 655.447-655.449 [Reserved]
- Labor Certification Determinations
- § 655.450 Determinations.
- § 655.451 Criteria for temporary labor certification.
- § 655.452 Approved certification.
- § 655.453 Denied certification.
- § 655.454 Partial certification.
- § 655.455 Validity of temporary labor certification.
- § 655.456 Document retention requirements for CW-1 employers.
- §§ 655.457-655.459 [Reserved]
- Post Certification Activities
- § 655.460 Extensions.
- § 655.461 Administrative review.
- § 655.462 Withdrawal of a CW-1 Application for Temporary Employment Certification.
- § 655.463 Public disclosure.
- §§ 655.464-655.469 [Reserved]
- Integrity Measures
- § 655.470 Audits.
- § 655.471 Assisted recruitment.
- § 655.472 Revocation.
- § 655.473 Debarment.
- §§ 655.474-655.499 [Reserved]
- Subpart F—Attestations by Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports
- General Provisions
- § 655.500 Purpose, procedure and applicability of subparts F and G of this part.
- § 655.501 Overview of responsibilities.
- § 655.502 Definitions.
- § 655.510 Employer attestations.
- § 655.520 Special provisions regarding automated vessels.
- Alaska Exception
- § 655.530 Special provisions regarding the performance of longshore activities at locations in the State of Alaska.
- § 655.531 Who may submit attestations for locations in Alaska?
- § 655.532 Where and when should attestations be submitted for locations in Alaska?
- § 655.533 What should be submitted for locations in Alaska?
- § 655.534 The first attestation element for locations in Alaska: Bona fide request for dispatch of United States longshore workers.
- § 655.535 The second attestation element for locations in Alaska: Employment of United States longshore workers.
- § 655.536 The third attestation element for locations in Alaska: No intention or design to influence bargaining representative election.
- § 655.537 The fourth attestation element for locations in Alaska: Notice of filing.
- § 655.538 Actions on attestations submitted for filing for locations in Alaska.
- § 655.539 Effective date and validity of filed attestations for locations in Alaska.
- § 655.540 Suspension or invalidation of filed attestations for locations in Alaska.
- § 655.541 Withdrawal of accepted attestations for locations in Alaska.
- Public Access
- § 655.550 Public access.
- Appendix A to Subpart F of Part 655—U.S. Seaports
- Subpart G—Enforcement of the Limitations Imposed on Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports
- § 655.600 Enforcement authority of Administrator, Wage and Hour Division.
- § 655.605 Complaints and investigative procedures.
- § 655.610 Automated vessel exception to prohibition on utilization of alien crewmember(s) to perform longshore activity(ies) at a U.S. port.
- § 655.615 Cease and desist order.
- § 655.620 Civil money penalties and other remedies.
- § 655.625 Written notice, service and Federal Register publication of Administrator's determination.
- § 655.630 Request for hearing.
- § 655.635 Rules of practice for administrative law judge proceedings.
- § 655.640 Service and computation of time.
- § 655.645 Administrative law judge proceedings.
- § 655.650 Decision and order of administrative law judge.
- § 655.655 Secretary's review of administrative law judge's decision.
- § 655.660 Administrative record.
- § 655.665 Notice to the Department of Homeland Security and the Employment and Training Administration.
- § 655.670 Federal Register notice of determination of prevailing practice.
- § 655.675 Non-applicability of the Equal Access to Justice Act.
- Subpart H—Labor Condition Applications and Requirements for Employers Seeking To Employ Nonimmigrants on H-1b Visas in Specialty Occupations and as Fashion Models, and Requirements for Employers Seeking To Employ Nonimmigrants on H-1b1 and E-3 Visas in Specialty Occupations
- § 655.700 What statutory provisions govern the employment of H-1B, H-1B1, and E-3 nonimmigrants and how do employers apply for H-1B, H-1B1, and E-3 visas?
- § 655.705 What Federal agencies are involved in the H-1B and H-1B1 programs, and what are the responsibilities of those agencies and of employers?
- § 655.710 What is the procedure for filing a complaint?
- § 655.715 Definitions.
- § 655.720 Where are labor condition applications (LCAs) to be filed and processed?
- § 655.721 [Reserved]
- § 655.730 What is the process for filing a labor condition application?
- § 655.731 What is the first LCA requirement, regarding wages?
- § 655.732 What is the second LCA requirement, regarding working conditions?
- § 655.733 What is the third LCA requirement, regarding strikes and lockouts?
- § 655.734 What is the fourth LCA requirement, regarding notice?
- § 655.735 What are the special provisions for short-term placement of H-1B nonimmigrants at place(s) of employment outside the area(s) of intended employment listed on the LCA?
- § 655.736 What are H-1B-dependent employers and willful violators?
- § 655.737 What are “exempt” H-1B nonimmigrants, and how does their employment affect the additional attestation obligations of H-1B-dependent employers and willful violator employers?
- § 655.738 What are the “non-displacement of U.S. workers” obligations that apply to H-1B-dependent employers and willful violators, and how do they operate?
- § 655.739 What is the “recruitment of U.S. workers” obligation that applies to H-1B-dependent employers and willful violators, and how does it operate?
- § 655.740 What actions are taken on labor condition applications?
- § 655.750 What is the validity period of the labor condition application?
- § 655.760 What records are to be made available to the public, and what records are to be retained?
- Subpart I—Enforcement of H-1B Labor Condition Applications and H-1B1 and E-3 Labor Attestations
- § 655.800 Who will enforce the LCAs and how will they be enforced?
- § 655.801 What protection do employees have from retaliation?
- § 655.805 What violations may the Administrator investigate?
- § 655.806 Who may file a complaint and how is it processed?
- § 655.807 How may someone who is not an “aggrieved party” allege violations, and how will those allegations be processed?
- § 655.808 Under what circumstances may random investigations be conducted?
- § 655.810 What remedies may be ordered if violations are found?
- § 655.815 What are the requirements for the Administrator's determination?
- § 655.820 How is a hearing requested?
- § 655.825 What rules of practice apply to the hearing?
- § 655.830 What rules apply to service of pleadings?
- § 655.835 How will the administrative law judge conduct the proceeding?
- § 655.840 What are the requirements for a decision and order of the administrative law judge?
- § 655.845 What rules apply to appeal of the decision of the administrative law judge?
- § 655.850 Who has custody of the administrative record?
- § 655.855 What notice shall be given to the Employment and Training Administration and the DHS of the decision regarding violations?
- Subparts J-K [Reserved]
- Subpart L—What Requirements Must a Facility Meet to Employ H-1C Nonimmigrant Workers as Registered Nurses?
- § 655.1100 What are the purposes, procedures and applicability of these regulations in subparts L and M of this part?
- § 655.1101 What are the responsibilities of the government agencies and the facilities that participate in the H-1C program?
- § 655.1102 What are the definitions of terms that are used in these regulations?
- § 655.1110 What requirements are imposed in the filing of an attestation?
- § 655.1111 Element I—What hospitals are eligible to participate in the H-1C program?
- § 655.1112 Element II—What does “no adverse effect on wages and working conditions” mean?
- § 655.1113 Element III—What does “facility wage rate” mean?
- § 655.1114 Element IV—What are the timely and significant steps an H-1C employer must take to recruit and retain U.S. nurses?
- § 655.1115 Element V—What does “no strike/lockout or layoff” mean?
- § 655.1116 Element VI—What notification must facilities provide to registered nurses?
- § 655.1117 Element VII—What are the limitations as to the number of H-1C nonimmigrants that a facility may employ?
- § 655.1118 Element VIII—What are the limitations as to where the H-1C nonimmigrant may be employed?
- § 655.1130 What criteria does the Department use to determine whether or not to certify an Attestation?
- § 655.1132 When will the Department suspend or invalidate an approved Attestation?
- § 655.1135 What appeals procedures are available concerning ETA's actions on a facility's Attestation?
- § 655.1150 What materials must be available to the public?
- Subpart M—What are the Department's enforcement obligations with respect to H-1C Attestations?
- § 655.1200 What enforcement authority does the Department have with respect to a facility's H-1C Attestations?
- § 655.1205 What is the Administrator's responsibility with respect to complaints and investigations?
- § 655.1210 What penalties and other remedies may the Administrator impose?
- § 655.1215 How are the Administrator's investigation findings issued?
- § 655.1220 Who can appeal the Administrator's findings and what is the process?
- § 655.1225 What are the rules of practice before an ALJ?
- § 655.1230 What time limits are imposed in ALJ proceedings?
- § 655.1235 What are the ALJ proceedings?
- § 655.1240 When and how does an ALJ issue a decision?
- § 655.1245 Who can appeal the ALJ's decision and what is the process?
- § 655.1250 Who is the official record keeper for these administrative appeals?
- § 655.1255 What are the procedures for debarment of a facility based on a finding of violation?
- § 655.1260 Can Equal Access to Justice Act attorney fees be awarded?
- Subpart N—Labor Certification Process for Temporary Agricultural Employment in the United States (H-2A Workers)
- § 655.1290 Purpose and scope of subpart B.
- § 655.1292 Authority of ETA-OFLC.
- § 655.1293 Special procedures.
- § 655.1300 Overview of subpart B and definition of terms.
- § 655.1301 Applications for temporary employment certification in agriculture.
- § 655.1302 Required pre-filing activity.
- § 655.1303 Advertising requirements.
- § 655.1304 Contents of job offers.
- § 655.1305 Assurances and obligations of H-2A employers.
- § 655.1306 Assurances and obligations of H-2A Labor Contractors.
- § 655.1307 Processing of applications.
- § 655.1308 Offered wage rate.
- § 655.1309 Labor certification determinations.
- § 655.1310 Validity and scope of temporary labor certifications.
- § 655.1311 Required departure.
- § 655.1312 Audits.
- § 655.1313 H-2A applications involving fraud or willful misrepresentation.
- § 655.1314 Setting meal charges; petition for higher meal charges.
- § 655.1315 Administrative review and de novo hearing before an administrative law judge.
- § 655.1316 Job Service Complaint System; enforcement of work contracts.
- § 655.1317 Revocation of approved labor certifications.
- § 655.1318 Debarment.
- § 655.1319 Document retention requirements.
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