Title 20, Part 655 — Temporary Employment of Foreign Workers in the United States

Scope and purpose of part.

Authority of the Office of Foreign Labor Certification (OFLC) Administrator under subparts A, B, and C.

Scope and purpose of this subpart.

Authority of the agencies, offices, and divisions in the Department of Labor.

Territory of Guam.

Transition procedures.

Definition of terms.

Temporary need.

Persons and entities authorized to file.

Requirements for agents.

Disclosure of foreign worker recruitment.

Determination of prevailing wage for temporary labor certification purposes.

Registration of H-2B employers.

Use of registration of H-2B employers.

Review of PWDs.

[Reserved]

Application filing requirements.

Filing of the job order at the SWA.

Emergency situations.

Job order assurances and contents.

Job contractor filing requirements.

Assurances and obligations of H-2B employers.

§§ 655.21-655.29 [Reserved]

Processing of an application and job order.

Notice of deficiency.

Submission of a modified application or job order.

Notice of acceptance.

Electronic job registry.

Amendments to an application or job order.

§§ 655.36-655.39 [Reserved]

Employer-conducted recruitment.

Advertising requirements.

[Reserved]

Contact with former U.S. employees.

[Reserved]

Contact with bargaining representative, posting and other contact requirements.

Additional employer-conducted recruitment.

Referrals of U.S. workers.

Recruitment report.

[Reserved]

Determinations.

Criteria for certification.

Approved certification.

Denied certification.

Partial certification.

Validity of temporary labor certification.

Document retention requirements of H-2B employers.

Request for determination based on nonavailability of U.S. workers.

§§ 655.58-655.59 [Reserved]

Extensions.

Administrative review.

Withdrawal of an Application for Temporary Employment Certification.

Public disclosure.

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.

Special document retention provisions for Fiscal Years 2024 through 2027 under the Consolidated Appropriations Act, 2023, as extended by Public Law 118-15.

Special document retention provisions for Fiscal Years 2023 through 2026 under the Consolidated Appropriations Act, 2022, as extended by Public Law 117-180.

Special document retention provisions for Fiscal Years 2025 through 2028 under the Further Consolidated Appropriations Act, 2024, as extended by Public Law 118-83.

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.

Audits.

CO-ordered assisted recruitment.

Revocation.

Debarment.

§§ 655.74-655.99 [Reserved]

Purpose and scope of this subpart.

Authority of the agencies, offices, and divisions in the Department of Labor.

Transition procedures.

Overview of this subpart and definition of terms.

Successors in interest.

Offered wage rate.

Job order filing requirements.

Contents of job offers.

[Reserved]

Withdrawal of a job order.

Application filing requirements.

Agricultural association and joint employer filing requirements.

H-2A labor contractor filing requirements.

Requirements for agents.

Emergency situations.

Assurances and obligations of H-2A employers.

Withdrawal of an and job order.

Disclosure of foreign worker recruitment.

Review of applications.

Notice of deficiency.

Submission of modified applications.

Notice of acceptance.

Electronic job registry.

Pre-determination amendments to applications for temporary employment certification.

Interstate clearance of job order.

§§ 655.151-655.152 [Reserved]

Contact with former U.S. workers.

Additional positive recruitment.

Referrals of U.S. workers.

Recruitment report.

Withholding of U.S. workers prohibited.

Duration of positive recruitment.

Determinations.

Criteria for certification.

Approved certification.

Certification fee.

Denied certification.

Partial certification.

Requests for determinations based on nonavailability of U.S. workers.

Document retention requirements of H-2A employers.

Extensions.

Appeals.

Post-certification withdrawals.

Setting meal charges; petition for higher meal charges.

Public disclosure.

Post-certification changes to applications for temporary employment certification.

Audit.

Revocation.

Debarment.

Less than substantial violations.

Applications involving fraud or willful misrepresentation.

Job service complaint system; enforcement of work contracts.

Severability.

Scope and purpose of herding and range livestock regulations in this section and §§ 655.201 through 655.235.

Definition of herding and range livestock terms.

Herding and range livestock job orders.

Contents of herding and range livestock job orders.

Herding and range livestock wage rate.

Procedures for filing herding and range livestock

Processing herding and range livestock

Post-acceptance requirements for herding and range livestock.

Range housing.

Standards for range housing.

Scope and purpose.

Definition of terms.

Contents of job orders.

Procedures for filing

Standards for mobile housing.

Scope and purpose of this subpart.

Authority of the agencies, offices, and divisions in the Department of Labor.

Definition of terms.

Persons and entities authorized to file.

Requirements for agents.

§§ 655.405-655.409 [Reserved]

Offered wage rate and determination of prevailing wage.

Review of prevailing wage determinations.

§§ 655.412-655.419 [Reserved]

Application filing requirements.

Job contractor filing requirements.

Emergency situations.

Assurances and obligations of CW-1 employers.

§§ 655.424-655.429 [Reserved]

Review of applications.

Notice of Deficiency.

Submission of modified applications.

Notice of Acceptance.

Amendments to an application.

§§ 655.435-655.439 [Reserved]

Employer-conducted recruitment.

Job offer assurances and advertising contents.

Place advertisement with CNMI Department of Labor.

Contact with former U.S. workers.

Notice of posting requirement.

Additional employer-conducted recruitment.

Recruitment report.

§§ 655.447-655.449 [Reserved]

Determinations.

Criteria for temporary labor certification.

Approved certification.

Denied certification.

Partial certification.

Validity of temporary labor certification.

Document retention requirements for CW-1 employers.

§§ 655.457-655.459 [Reserved]

Extensions.

Administrative review.

Withdrawal of a CW-1 Application for Temporary Employment Certification.

Public disclosure.

§§ 655.464-655.469 [Reserved]

Audits.

Assisted recruitment.

Revocation.

Debarment.

§§ 655.474-655.499 [Reserved]

Purpose, procedure and applicability of subparts F and G of this part.

Overview of responsibilities.

Definitions.

Employer attestations.

Special provisions regarding automated vessels.

Special provisions regarding the performance of longshore activities at locations in the State of Alaska.

Who may submit attestations for locations in Alaska?

Where and when should attestations be submitted for locations in Alaska?

What should be submitted for locations in Alaska?

The first attestation element for locations in Alaska: Bona fide request for dispatch of United States longshore workers.

The second attestation element for locations in Alaska: Employment of United States longshore workers.

The third attestation element for locations in Alaska: No intention or design to influence bargaining representative election.

The fourth attestation element for locations in Alaska: Notice of filing.

Actions on attestations submitted for filing for locations in Alaska.

Effective date and validity of filed attestations for locations in Alaska.

Suspension or invalidation of filed attestations for locations in Alaska.

Withdrawal of accepted attestations for locations in Alaska.

Public access.

Enforcement authority of Administrator, Wage and Hour Division.

Complaints and investigative procedures.

Automated vessel exception to prohibition on utilization of alien crewmember(s) to perform longshore activity(ies) at a U.S. port.

Cease and desist order.

Civil money penalties and other remedies.

Written notice, service and Federal Register publication of Administrator's determination.

Request for hearing.

Rules of practice for administrative law judge proceedings.

Service and computation of time.

Administrative law judge proceedings.

Decision and order of administrative law judge.

Secretary's review of administrative law judge's decision.

Administrative record.

Notice to the Department of Homeland Security and the Employment and Training Administration.

Federal Register notice of determination of prevailing practice.

Non-applicability of the Equal Access to Justice Act.

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?

What Federal agencies are involved in the H-1B and H-1B1 programs, and what are the responsibilities of those agencies and of employers?

What is the procedure for filing a complaint?

Definitions.

Where are labor condition applications (LCAs) to be filed and processed?

[Reserved]

What is the process for filing a labor condition application?

What is the first LCA requirement, regarding wages?

What is the second LCA requirement, regarding working conditions?

What is the third LCA requirement, regarding strikes and lockouts?

What is the fourth LCA requirement, regarding notice?

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?

What are H-1B-dependent employers and willful violators?

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?

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?

What is the “recruitment of U.S. workers” obligation that applies to H-1B-dependent employers and willful violators, and how does it operate?

What actions are taken on labor condition applications?

What is the validity period of the labor condition application?

What records are to be made available to the public, and what records are to be retained?

Who will enforce the LCAs and how will they be enforced?

What protection do employees have from retaliation?

What violations may the Administrator investigate?

Who may file a complaint and how is it processed?

How may someone who is not an “aggrieved party” allege violations, and how will those allegations be processed?

Under what circumstances may random investigations be conducted?

What remedies may be ordered if violations are found?

What are the requirements for the Administrator's determination?

How is a hearing requested?

What rules of practice apply to the hearing?

What rules apply to service of pleadings?

How will the administrative law judge conduct the proceeding?

What are the requirements for a decision and order of the administrative law judge?

What rules apply to appeal of the decision of the administrative law judge?

Who has custody of the administrative record?

What notice shall be given to the Employment and Training Administration and the DHS of the decision regarding violations?

What are the purposes, procedures and applicability of these regulations in subparts L and M of this part?

What are the responsibilities of the government agencies and the facilities that participate in the H-1C program?

What are the definitions of terms that are used in these regulations?

What requirements are imposed in the filing of an attestation?

Element I—What hospitals are eligible to participate in the H-1C program?

Element II—What does “no adverse effect on wages and working conditions” mean?

Element III—What does “facility wage rate” mean?

Element IV—What are the timely and significant steps an H-1C employer must take to recruit and retain U.S. nurses?

Element V—What does “no strike/lockout or layoff” mean?

Element VI—What notification must facilities provide to registered nurses?

Element VII—What are the limitations as to the number of H-1C nonimmigrants that a facility may employ?

Element VIII—What are the limitations as to where the H-1C nonimmigrant may be employed?

What criteria does the Department use to determine whether or not to certify an Attestation?

When will the Department suspend or invalidate an approved Attestation?

What appeals procedures are available concerning ETA's actions on a facility's Attestation?

What materials must be available to the public?

What enforcement authority does the Department have with respect to a facility's H-1C Attestations?

What is the Administrator's responsibility with respect to complaints and investigations?

What penalties and other remedies may the Administrator impose?

How are the Administrator's investigation findings issued?

Who can appeal the Administrator's findings and what is the process?

What are the rules of practice before an ALJ?

What time limits are imposed in ALJ proceedings?

What are the ALJ proceedings?

When and how does an ALJ issue a decision?

Who can appeal the ALJ's decision and what is the process?

Who is the official record keeper for these administrative appeals?

What are the procedures for debarment of a facility based on a finding of violation?

Can Equal Access to Justice Act attorney fees be awarded?

Purpose and scope of subpart B.

Authority of ETA-OFLC.

Special procedures.

Overview of subpart B and definition of terms.

Applications for temporary employment certification in agriculture.

Required pre-filing activity.

Advertising requirements.

Contents of job offers.

Assurances and obligations of H-2A employers.

Assurances and obligations of H-2A Labor Contractors.

Processing of applications.

Offered wage rate.

Labor certification determinations.

Validity and scope of temporary labor certifications.

Required departure.

Audits.

H-2A applications involving fraud or willful misrepresentation.

Setting meal charges; petition for higher meal charges.

Administrative review and de novo hearing before an administrative law judge.

Job Service Complaint System; enforcement of work contracts.

Revocation of approved labor certifications.

Debarment.

Document retention requirements.