(a) Entities required to retain documents. All employers filing an Application for Temporary Employment Certification requesting H-2A agricultural workers under this subpart are required to retain the documents and records proving compliance with this subpart.
(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Certification or from the date of determination if the Application for Temporary Employment Certification is denied or withdrawn.
(c) Documents and records to be retained by all applicants. (1) Proof of recruitment efforts, including:
(1) Proof of recruitment efforts, including:
(i) Job order placement as specified in Sec. 655.121;
(ii) Advertising as specified in Sec. 655.152, or, if used, professional, trade, or ethnic publications;
(iii) Contact with former U.S. workers as specified in Sec. 655.153; or
(iv) Additional positive recruitment efforts (as specified in Sec. 655.154).
(2) Substantiation of information submitted in the recruitment report prepared in accordance with Sec. 655.156, such as evidence of nonapplicability of contact of former employees as specified in Sec. 655.153.
(3) The final recruitment report and any supporting resumes and contact information as specified in Sec. 655.156(b).
(4) Proof of workers' compensation insurance or State law coverage as specified in Sec. 655.122(e).
(5) Records of each worker's earnings as specified in Sec. 655.122(j).
(6) The work contract or a copy of the Application for Temporary Employment Certification as defined in 29 CFR 501.10 and specified in Sec. 655.122(q).
(d) Additional retention requirement for associations filing Application for Temporary Employment Certification. In addition to the documents specified in paragraph (c) above, Associations must retain documentation substantiating their status as an employer or agent, as specified in Sec. 655.131.
Post Certification