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Electronic Code of Federal Regulations

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e-CFR Data is current as of August 28, 2014

Title 20Chapter VPart 655


TITLE 20—Employees' Benefits

CHAPTER V—EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR

PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES

rule
§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 AND ENFORCEMENT OF ATTESTATIONS FOR TEMPORARY EMPLOYMENT IN OCCUPATIONS OTHER THAN AGRICULTURE OR REGISTERED NURSING IN THE UNITED STATES (H-2B WORKERS)

§655.1
Scope and purpose of subpart A.
§655.2
Authority of the agencies, offices, and divisions in the Department of Labor.
§655.3
Territory of Guam.
§655.4
Special 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
Newspaper advertisements.
§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.
§§655.66-655.69
[Reserved]

Integrity measures

§655.70
Audits.
§655.71
CO-ordered assisted recruitment.
§655.72
Revocation.
§655.73
Debarment.
§§655.74-655.76
[Reserved]
§655.80
[Reserved]
§655.81
Application filing transition.
§§655.82-655.99
[Reserved]
rule

Subpart B—LABOR CERTIFICATION PROCESS FOR TEMPORARY AGRICULTURAL EMPLOYMENT IN THE UNITED STATES (H-2A WORKERS)

§655.100
Scope and purpose of subpart B.
§655.101
Authority of the Office of Foreign Labor Certification (OFLC) Administrator.
§655.102
Special procedures.
§655.103
Overview of this subpart and definition of terms.

Prefiling Procedures

§655.120
Offered wage rate.
§655.121
Job orders.
§655.122
Contents of job offers.

Application for Temporary Employment Certification Filing Procedures

§655.130
Application filing requirements.
§655.131
Association filing requirements.
§655.132
H-2A labor contractor (H-2ALC) filing requirements.
§655.133
Requirements for agents.
§655.134
Emergency situations.
§655.135
Assurances and obligations of H-2A employers.

Processing of Applications for Temporary Employment Certification

§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
Amendments to applications for temporary employment certification.

Post-Acceptance Requirements

§655.150
Interstate clearance of job order.
§655.151
Newspaper advertisements.
§655.152
Advertising requirements.
§655.153
Contact with former U.S. employees.
§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.

Labor Certification Determinations

§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.

Post Certification

§655.170
Extensions.
§655.171
Appeals.
§655.172
Withdrawal of job order and application for temporary employment certification.
§655.173
Setting meal charges; petition for higher meal charges.
§655.174
Public disclosure.

Integrity Measures

§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.
rule

Subparts C-E [Reserved]

rule

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
Appendix A to Subpart F of Part 655—U.S. Seaports
rule

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.
rule

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?
rule

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?
rule

Subparts J-K [Reserved]

rule

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?
rule

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?
rule

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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