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e-CFR data is current as of August 6, 2020

Title 20Chapter VPart 655Subpart N → §655.1319

Title 20: Employees' Benefits
Subpart N—Labor Certification Process for Temporary Agricultural Employment in the United States (H-2A Workers)

§655.1319   Document retention requirements.

(a) Entities required to retain documents. All employers receiving a certification of the Application for Temporary Employment Certification for agricultural workers under this subpart are required to retain the documents and records as provided in the regulations cited in paragraph (c) of this section.

(b) Period of required retention. Records and documents must be retained for a period of 3 years from the date of certification of the Application for Temporary Employment Certification.

(c) Documents and records to be retained. (1) All applicants must retain the following documentation:

(i) Proof of recruitment efforts including:

(A) Job order placement as specified in §655.102(e)(1);

(B) Advertising as specified in §655.102(g)(3), or, if used, professional, trade, or ethnic publications;

(C) Contact with former U.S. workers as specified in §655.102(h);

(D) Multi-state recruitment efforts (if required under §655.102(i)) as specified in §655.102(g)(3);

(ii) Substantiation of information submitted in the recruitment report prepared in accordance with §655.102(k)(2), such as evidence of non-applicability of contact of former employees as specified in §655.102(h);

(iii) The supplemental recruitment report as specified in §655.102(k) and any supporting resumes and contact information as specified in §655.102(k)(3);

(iv) Proof of workers' compensation insurance or State law coverage as specified in §655.104(e);

(v) Records of each worker's earnings as specified in §655.104(j);

(vi) The work contract or a copy of the Application for Temporary Employment Certification as defined in 29 CFR 501.10 and specified in §655.104(q);

(vii) The wage determination provided by the NPC as specified in §655.108;

(viii) Copy of the request for housing inspection submitted to the SWA as specified in §655.104(d); and

(2) In addition to the documentation specified in paragraph (c)(1) of this section, H-2ALCs must also retain:

(i) Statements of compliance with the housing and transportation obligations for each fixed-site employer which provided housing or transportation and to which the H-2ALC provided workers during the validity period of the certification, unless such housing and transportation obligations were met by the H-2ALC itself, in which case proof of compliance by the H-2ALC must be retained, as specified in §655.101(a)(5);

(ii) Proof of surety bond coverage which includes the name, address, and phone number of the surety, the bond number of other identifying designation, the amount of coverage, and the payee, as specified in 29 CFR 501.8; and

(3) Associations filing must retain documentation substantiating their status as an employer or agent, as specified in §655.101(a)(1).

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