Part 655 — Temporary Employment of Foreign Workers in the United States
Subpart A — Labor Certification Process for Temporary Non-Agricultural Employment in the United States (H-2B Workers)
- § 655.1— Scope and purpose of this subpart.
- § 655.2— Authority of the agencies, offices, and divisions in the Department of Labor.
- § 655.3— Territory of Guam.
- § 655.4— Transition 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.
- § 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.
- § 655.15— 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.
- § 655.20— Assurances and obligations of H-2B employers.
- § 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.
- § 655.40— Employer-conducted recruitment.
- § 655.41— Advertising requirements.
- § 655.43— Contact with former U.S. employees.
- § 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.
- § 655.50— 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.
- § 655.60— Extensions.
- § 655.61— Administrative review.
- § 655.62— Withdrawal of an Application for Temporary Employment Certification.
- § 655.63— Public disclosure.
- § 655.64— 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.
- § 655.65— Special document retention provisions for Fiscal Years 2024 through 2027 under the Consolidated Appropriations Act, 2023, as extended by Public Law 118-15.
- § 655.67— Special document retention provisions for Fiscal Years 2023 through 2026 under the Consolidated Appropriations Act, 2022, as extended by Public Law 117-180.
- § 655.68— Special document retention provisions for Fiscal Years 2025 through 2028 under the Further Consolidated Appropriations Act, 2024, as extended by Public Law 118-83.
- § 655.69— 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.
- § 655.70— Audits.
- § 655.71— CO-ordered assisted recruitment.
- § 655.72— Revocation.
- § 655.73— Debarment.
Subpart B — Labor Certification Process for Temporary Agricultural Employment in the United States (H-2A Workers)
- § 655.100— Purpose and scope of this subpart.
- § 655.101— Authority of the agencies, offices, and divisions in the Department of Labor.
- § 655.102— Transition procedures.
- § 655.103— Overview of this subpart and definition of terms.
- § 655.104— Successors in interest.
- § 655.120— Offered wage rate.
- § 655.121— Job order filing requirements.
- § 655.122— Contents of job offers.
- § 655.124— Withdrawal of a job order.
- § 655.130— Application filing requirements.
- § 655.131— Agricultural association and joint employer filing requirements.
- § 655.132— H-2A labor contractor filing requirements.
- § 655.133— Requirements for agents.
- § 655.134— Emergency situations.
- § 655.135— Assurances and obligations of H-2A employers.
- § 655.136— Withdrawal of an <em>Application for Temporary Employment Certification</em> and job order.
- § 655.137— Disclosure of foreign worker recruitment.
- § 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— Pre-determination amendments to applications for temporary employment certification.
- § 655.150— Interstate clearance of job order.
- § 655.153— Contact with former U.S. workers.
- § 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.
- § 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 of H-2A employers.
- § 655.170— Extensions.
- § 655.171— Appeals.
- § 655.172— Post-certification withdrawals.
- § 655.173— Setting meal charges; petition for higher meal charges.
- § 655.174— Public disclosure.
- § 655.175— Post-certification changes to applications for temporary employment certification.
- § 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.
- § 655.190— Severability.
- § 655.200— Scope and purpose of herding and range livestock regulations in this section and §§ 655.201 through 655.235.
- § 655.201— Definition of herding and range livestock terms.
- § 655.205— Herding and range livestock job orders.
- § 655.210— Contents of herding and range livestock job orders.
- § 655.211— Herding and range livestock wage rate.
- § 655.215— Procedures for filing herding and range livestock <em>Applications for Temporary Employment Certification.</em>
- § 655.220— Processing herding and range livestock <em>Applications for Temporary Employment Certification.</em>
- § 655.225— Post-acceptance requirements for herding and range livestock.
- § 655.230— Range housing.
- § 655.235— Standards for range housing.
- § 655.300— Scope and purpose.
- § 655.301— Definition of terms.
- § 655.302— Contents of job orders.
- § 655.303— Procedures for filing <em>Applications for Temporary Employment Certification.</em>
- § 655.304— Standards for mobile housing.
Subpart E — Labor Certification Process for Temporary Employment in the Commonwealth of the Northern Marianas Islands (CW-1 Workers)
- § 655.400— Scope and purpose of this subpart.
- § 655.401— Authority of the agencies, offices, and divisions in the Department of Labor.
- § 655.402— Definition of terms.
- § 655.403— Persons and entities authorized to file.
- § 655.404— Requirements for agents.
- § 655.410— Offered wage rate and determination of prevailing wage.
- § 655.411— Review of prevailing wage determinations.
- § 655.420— Application filing requirements.
- § 655.421— Job contractor filing requirements.
- § 655.422— Emergency situations.
- § 655.423— Assurances and obligations of CW-1 employers.
- § 655.430— Review of applications.
- § 655.431— Notice of Deficiency.
- § 655.432— Submission of modified applications.
- § 655.433— Notice of Acceptance.
- § 655.434— Amendments to an application.
- § 655.440— Employer-conducted recruitment.
- § 655.441— Job offer assurances and advertising contents.
- § 655.442— Place advertisement with CNMI Department of Labor.
- § 655.443— Contact with former U.S. workers.
- § 655.444— Notice of posting requirement.
- § 655.445— Additional employer-conducted recruitment.
- § 655.446— Recruitment report.
- § 655.450— Determinations.
- § 655.451— Criteria for temporary labor certification.
- § 655.452— Approved certification.
- § 655.453— Denied certification.
- § 655.454— Partial certification.
- § 655.455— Validity of temporary labor certification.
- § 655.456— Document retention requirements for CW-1 employers.
- § 655.460— Extensions.
- § 655.461— Administrative review.
- § 655.462— Withdrawal of a CW-1 Application for Temporary Employment Certification.
- § 655.463— Public disclosure.
- § 655.470— Audits.
- § 655.471— Assisted recruitment.
- § 655.472— Revocation.
- § 655.473— Debarment.
Subpart F — Attestations by Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports
- § 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.
- § 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.
- § 655.550— Public access.
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.
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?
- § 655.730— 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?
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?
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?
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?
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.