Code of Federal Regulations (alpha)

CFR /  Title 20  /  Part 655: Temporary Employment Of Foreign Workers In The United States

Section No. Description
Section 655.0 Authority of the Office of Foreign Labor Certification (OFLC) Administrator under subparts A, B, and C
Section 655.00 Scope and purpose of subpart A
Section 655.1 Authority of the agencies, offices, and divisions in the Department of Labor
Section 655.2 Territory of Guam
Section 655.3 Special procedures
Section 655.4 Definition of terms
Section 655.5 Temporary need
Section 655.6 Persons and entities authorized to file
Section 655.7 Requirements for agents
Section 655.8 Disclosure of foreign worker recruitment
Section 655.9 Determination of prevailing wage for temporary labor certification purposes
Section 655.10 Determination of prevailing wage for temporary labor certification purposes
Section 655.10 Registration of H-2B employers
Section 655.11 Use of registration of H-2B employers
Section 655.12 Review of PWDs
Section 655.13 Application filing requirements
Section 655.15 Filing of the job order at the SWA
Section 655.16 Emergency situations
Section 655.17 Job order assurances and contents
Section 655.18 Job contractor filing requirements
Section 655.19 Assurances and obligations of H-2B employers
Section 655.20 Processing of an application and job order
Section 655.30 Notice of deficiency
Section 655.31 Submission of a modified application or job order
Section 655.32 Notice of acceptance
Section 655.33 Electronic job registry
Section 655.34 Amendments to an application or job order
Section 655.35 Employer-conducted recruitment
Section 655.40 Advertising requirements
Section 655.41 Newspaper advertisements
Section 655.42 Contact with former U
Section 655.43 Contact with bargaining representative, posting and other contact requirements
Section 655.45 Additional employer-conducted recruitment
Section 655.46 Referrals of U
Section 655.47 Recruitment report
Section 655.48 Determinations
Section 655.50 Criteria for certification
Section 655.51 Approved certification
Section 655.52 Denied certification
Section 655.53 Partial certification
Section 655.54 Validity of temporary labor certification
Section 655.55 Document retention requirements of H-2B employers
Section 655.56 Request for determination based on nonavailability of U
Section 655.57 Extensions
Section 655.60 Administrative review
Section 655.61 Withdrawal of an Application for Temporary Employment Certification
Section 655.62 Public disclosure
Section 655.63 Audits
Section 655.70 CO-ordered assisted recruitment
Section 655.71 Revocation
Section 655.72 Debarment
Section 655.73 Application filing transition
Section 655.81 Scope and purpose of subpart B
Section 655.100 Authority of the Office of Foreign Labor Certification (OFLC) Administrator
Section 655.101 Special procedures
Section 655.102 Overview of this subpart and definition of terms
Section 655.103 Offered wage rate
Section 655.120 Job orders
Section 655.121 Contents of job offers
Section 655.122 Application filing requirements
Section 655.130 Association filing requirements
Section 655.131 H-2A labor contractor (H-2ALC) filing requirements
Section 655.132 Requirements for agents
Section 655.133 Emergency situations
Section 655.134 Assurances and obligations of H-2A employers
Section 655.135 Review of applications
Section 655.140 Notice of deficiency
Section 655.141 Submission of modified applications
Section 655.142 Notice of acceptance
Section 655.143 Electronic job registry
Section 655.144 Amendments to applications for temporary employment certification
Section 655.145 Interstate clearance of job order
Section 655.150 Newspaper advertisements
Section 655.151 Advertising requirements
Section 655.152 Contact with former U
Section 655.153 Additional positive recruitment
Section 655.154 Referrals of U
Section 655.155 Recruitment report
Section 655.156 Withholding of U
Section 655.157 Duration of positive recruitment
Section 655.158 Determinations
Section 655.160 Criteria for certification
Section 655.161 Approved certification
Section 655.162 Certification fee
Section 655.163 Denied certification
Section 655.164 Partial certification
Section 655.165 Requests for determinations based on nonavailability of U
Section 655.166 Document retention requirements
Section 655.167 Extensions
Section 655.170 Appeals
Section 655.171 Withdrawal of job order and application for temporary employment certification
Section 655.172 Setting meal charges; petition for higher meal charges
Section 655.173 Public disclosure
Section 655.174 Audit
Section 655.180 Revocation
Section 655.181 Debarment
Section 655.182 Less than substantial violations
Section 655.183 Applications involving fraud or willful misrepresentation
Section 655.184 Job service complaint system; enforcement of work contracts
Section 655.185 Purpose, procedure and applicability of subparts F and G of this part
Section 655.500 Overview of responsibilities
Section 655.501 Definitions
Section 655.502 Employer attestations
Section 655.510 Special provisions regarding automated vessels
Section 655.520 Special provisions regarding the performance of longshore activities at locations in the State of Alaska
Section 655.530 Who may submit attestations for locations in Alaska?
Section 655.531 Where and when should attestations be submitted for locations in Alaska?
Section 655.532 What should be submitted for locations in Alaska?
Section 655.533 The first attestation element for locations in Alaska: Bona fide request for dispatch of United States longshore
Section 655.534 The second attestation element for locations in Alaska: Employment of United States longshore workers
Section 655.535 The third attestation element for locations in Alaska: No intention or design to influence bargaining representative
Section 655.536 The fourth attestation element for locations in Alaska: Notice of filing
Section 655.537 Actions on attestations submitted for filing for locations in Alaska
Section 655.538 Effective date and validity of filed attestations for locations in Alaska
Section 655.539 Suspension or invalidation of filed attestations for locations in Alaska
Section 655.540 Withdrawal of accepted attestations for locations in Alaska
Section 655.541 Public access
Section 655.550 Enforcement authority of Administrator, Wage and Hour Division
Section 655.600 Complaints and investigative procedures
Section 655.605 Automated vessel exception to prohibition on utilization of alien crewmember(s) to perform longshore activity(ies) at a
Section 655.610 Cease and desist order
Section 655.615 Civil money penalties and other remedies
Section 655.620 Written notice, service and Federal Register publication of Administrator's determination
Section 655.625 Request for hearing
Section 655.630 Rules of practice for administrative law judge proceedings
Section 655.635 Service and computation of time
Section 655.640 Administrative law judge proceedings
Section 655.645 Decision and order of administrative law judge
Section 655.650 Secretary's review of administrative law judge's decision
Section 655.655 Administrative record
Section 655.660 Notice to the Department of Homeland Security and the Employment and Training Administration
Section 655.665 Federal Register notice of determination of prevailing practice
Section 655.670 Non-applicability of the Equal Access to Justice Act
Section 655.675 What statutory provisions govern the employment of H-1B, H-1B1, and E-3 nonimmigrants and how do employers apply for H-
Section 655.700 What Federal agencies are involved in the H-1B and H-1B1 programs, and what are the responsibilities of those agencies
Section 655.705 What is the procedure for filing a complaint?
Section 655.710 Definitions
Section 655.715 Where are labor condition applications (LCAs) to be filed and processed?
Section 655.720 What is the process for filing a labor condition application?
Section 655.730 What is the first LCA requirement, regarding wages?
Section 655.731 What is the second LCA requirement, regarding working conditions?
Section 655.732 What is the third LCA requirement, regarding strikes and lockouts?
Section 655.733 What is the fourth LCA requirement, regarding notice?
Section 655.734 What are the special provisions for short-term placement of H-1B nonimmigrants at place(s) of employment outside the
Section 655.735 What are H-1B-dependent employers and willful violators?
Section 655.736 What are ``exempt'' H-1B nonimmigrants, and how does their employment affect the additional attestation obligations
Section 655.737 What are the ``non-displacement of U
Section 655.738 What is the ``recruitment of U
Section 655.739 What actions are taken on labor condition applications?
Section 655.740 What is the validity period of the labor condition application?
Section 655.750 What records are to be made available to the public, and what records are to be retained?
Section 655.760 Who will enforce the LCAs and how will they be enforced?
Section 655.800 What protection do employees have from retaliation?
Section 655.801 What violations may the Administrator investigate?
Section 655.805 Who may file a complaint and how is it processed?
Section 655.806 How may someone who is not an ``aggrieved party'' allege violations, and how will those allegations be processed?
Section 655.807 Under what circumstances may random investigations be conducted?
Section 655.808 What remedies may be ordered if violations are found?
Section 655.810 What are the requirements for the Administrator's determination?
Section 655.815 How is a hearing requested?
Section 655.820 What rules of practice apply to the hearing?
Section 655.825 What rules apply to service of pleadings?
Section 655.830 How will the administrative law judge conduct the proceeding?
Section 655.835 What are the requirements for a decision and order of the administrative law judge?
Section 655.840 What rules apply to appeal of the decision of the administrative law judge?
Section 655.845 Who has custody of the administrative record?
Section 655.850 What notice shall be given to the Employment and Training Administration and the DHS of the decision regarding
Section 655.855 What are the purposes, procedures and applicability of these regulations in subparts L and M of this part?
Section 655.1100 What are the responsibilities of the government agencies and the facilities that participate in the H-1C program?
Section 655.1101 What are the definitions of terms that are used in these regulations?
Section 655.1102 What requirements are imposed in the filing of an attestation?
Section 655.1110 Element I--What hospitals are eligible to participate in the H-1C program?
Section 655.1111 Element II--What does ``no adverse effect on wages and working conditions'' mean?
Section 655.1112 Element III--What does ``facility wage rate'' mean?
Section 655.1113 Element IV--What are the timely and significant steps an H-1C employer must take to recruit and retain U
Section 655.1114 Element V--What does ``no strike/lockout or layoff'' mean?
Section 655.1115 Element VI--What notification must facilities provide to registered nurses?
Section 655.1116 Element VII--What are the limitations as to the number of H-1C nonimmigrants that a facility may employ?
Section 655.1117 Element VIII--What are the limitations as to where the H-1C nonimmigrant may be employed?
Section 655.1118 What criteria does the Department use to determine whether or not to certify an Attestation?
Section 655.1130 When will the Department suspend or invalidate an approved Attestation?
Section 655.1132 What appeals procedures are available concerning ETA's actions on a facility's Attestation?
Section 655.1135 What materials must be available to the public?
Section 655.1150 What enforcement authority does the Department have with respect to a facility's H-1C Attestations?
Section 655.1200 What is the Administrator's responsibility with respect to complaints and investigations?
Section 655.1205 What penalties and other remedies may the Administrator impose?
Section 655.1210 How are the Administrator's investigation findings issued?
Section 655.1215 Who can appeal the Administrator's findings and what is the process?
Section 655.1220 What are the rules of practice before an ALJ?
Section 655.1225 What time limits are imposed in ALJ proceedings?
Section 655.1230 What are the ALJ proceedings?
Section 655.1235 When and how does an ALJ issue a decision?
Section 655.1240 Who can appeal the ALJ's decision and what is the process?
Section 655.1245 Who is the official record keeper for these administrative appeals?
Section 655.1250 What are the procedures for debarment of a facility based on a finding of violation?
Section 655.1255 Can Equal Access to Justice Act attorney fees be awarded?
Section 655.1260 Purpose and scope of subpart B
Section 655.1290 Authority of ETA-OFLC
Section 655.1292 Special procedures
Section 655.1293 Overview of subpart B and definition of terms
Section 655.1300 Applications for temporary employment certification in agriculture
Section 655.1301 Required pre-filing activity
Section 655.1302 Advertising requirements
Section 655.1303 Contents of job offers
Section 655.1304 Assurances and obligations of H-2A employers
Section 655.1305 Assurances and obligations of H-2A Labor Contractors
Section 655.1306 Processing of applications
Section 655.1307 Offered wage rate
Section 655.1308 Labor certification determinations
Section 655.1309 Validity and scope of temporary labor certifications
Section 655.1310 Required departure
Section 655.1311 Audits
Section 655.1312 H-2A applications involving fraud or willful misrepresentation
Section 655.1313 Setting meal charges; petition for higher meal charges
Section 655.1314 Administrative review and de novo hearing before an administrative law judge
Section 655.1315 Job Service Complaint System; enforcement of work contracts
Section 655.1316 Revocation of approved labor certifications
Section 655.1317 Debarment
Section 655.1318 Document retention requirements
Section 655.1319 Purpose and scope of part 656