§ 655.100 - Purpose and scope of this subpart.

§ 655.100 Scope Purpose and purpose scope of this subpart B.

This subpart sets out the procedures established

.

(a) Purpose.

(1) A temporary agricultural labor certification issued under this subpart reflects a determination by the Secretary of

the United States Department of

Labor (

the

Secretary)

under the authority given in

, pursuant to 8 U.S.C. 1188

to acquire information sufficient to make factual determinations of:

(a)

Whether there are

, that:

(i) There are not sufficient able, willing, and qualified United States (U.S.) workers available to perform the

temporary and seasonal agricultural employment

agricultural labor or services of a temporary or seasonal nature for which an employer desires to

import nonimmigrant

hire temporary foreign workers (H-2A workers); and

(

b

ii)

Whether the

The employment of the H-2A

workers

worker(s) will not adversely affect the wages and working conditions of workers in the United States similarly employed.

(2) This subpart describes the process by which the Department of Labor (Department or DOL) makes such a determination and certifies its determination to the Department of Homeland Security (DHS).

(b) Scope. This subpart sets forth the procedures governing the labor certification process for the temporary employment of foreign workers in the H-2A nonimmigrant classification, as defined in 8 U.S. similarly employed. C. 1101(a)(15)(H)(ii)(a). It also establishes standards and obligations with respect to the terms and conditions of the temporary agricultural labor certification with which H-2A employers must comply, as well as the rights and obligations of H-2A workers and workers in corresponding employment. Additionally, this subpart sets forth integrity measures for ensuring employers' continued compliance with the terms and conditions of the temporary agricultural labor certification.