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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 20 - Employees' Benefits |
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Chapter V—Employment and Training Administration, Department of Labor |
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Part 655 - Temporary Employment of Foreign Workers in the United States |
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Subpart A - Labor Certification Process for Temporary Non-Agricultural Employment in the United States (H–2B Workers) |
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. |
| § 655.21 - Supporting evidence for temporary need. |
| § 655.22 - Obligations of H-2B employers. |
| § 655.23 - Receipt and processing of applications. |
| § 655.24 - Audits. |
| § 655.74 - Conduct of proceedings. |
| § 655.75 - Decision and order of administrative law judge. |
| § 655.76 - Appeal of administrative law judge decision. |
| Labor Certification Determinations |
| § 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. |
| §§ 655.58--655.59 - [Reserved] |
| Post-Acceptance Requirements |
| § 655.40 - Employer-conducted recruitment. |
| § 655.41 - Advertising requirements. |
| § 655.42 - [Reserved] |
| § 655.43 - Contact with former U.S. employees. |
| § 655.44 - [Reserved] |
| § 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. |
| § 655.49 - [Reserved] |
| Integrity Measures |
| § 655.70 - Audits. |
| § 655.71 - CO-ordered assisted recruitment. |
| § 655.72 - Revocation. |
| § 655.73 - Debarment. |
| § 655.80 - [Reserved] |
| § 655.81 - Application filing transition. |
| §§ 655.80--655.99 - [Reserved] |
| §§ 655.82--655.99 - [Reserved] |
| §§ 655.74--655.76 - [Reserved] |
| Prefiling Procedures |
| § 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. |
| § 655.14 - [Reserved] |
| Post Certification Activities |
| § 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 2024 under the November 17, 2023 supplemental cap increase. |
| § 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. |
| § 655.66 - Special document retention provisions for Fiscal Years 2022 through 2026 under the Consolidated Appropriations Act, 2022. |
| § 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 2021 through 2024 under the Consolidated Appropriations Act, 2021. |
| § 655.69 - Special document retention provisions for Fiscal Years 2022 through 2026 under Public Laws 116-260, 117-43, and 117-70. |
| §§ 655.64--655.69 - [Reserved] |
| §§ 655.66--655.69 - [Reserved] |
| §§ 655.67--655.69 - [Reserved] |
| §§ 655.68--655.69 - [Reserved] |
| Application for Temporary Employment Certification Filing Procedures |
| § 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. |
| Processing of an Application for Temporary Employment Certification |
| § 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. |
| §§ 655.36--655.39 - [Reserved] |
| Assurances and Obligations |
| § 655.20 - Assurances and obligations of H-2B employers. |
| §§ 655.21--655.29 - [Reserved] |
| §§ 655.12--655.14 - [Reserved] |
| §§ 655.25--655.29 - [Reserved] |
| §§ 655.7--655.9 - [Reserved] |
| §§ 655.18--655.19 - [Reserved] |