(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Certification or from the date of determination if the Application for Temporary Employment Certification is denied or withdrawn.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:

(i) Job order placement as specified in §655.121;

(ii) Contact with former U.S. workers as specified in §655.153; or

(iii) Additional positive recruitment efforts (as specified in §655.154).

(2) Substantiation of information submitted in the recruitment report prepared in accordance with §655.156, such as evidence of nonapplicability of contact of former employees as specified in §655.153.

(3) The final recruitment report and any supporting resumes and contact information as specified in §655.156(b).

(4) Proof of workers' compensation insurance or State law coverage as specified in §655.122(e).

(5) Records of each worker's earnings as specified in §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 §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 §655.131.

[75 FR 6959, Feb. 12, 2010, as amended at 84 FR 49457, Sept. 20, 2019]