PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES

§ 655.0 - Scope and purpose of part.
§ 655.00 - Authority of the Office of Foreign Labor Certification (OFLC) Administrator under subparts A, B, and C.
§ 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.
§ 655.14 - Application filing requirements.
§ 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.
§§ 655.21-655.29 - Processing of an application and job order.
§ 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 - Employer-conducted recruitment.
§ 655.40 - Employer-conducted recruitment.
§ 655.41 - Advertising requirements.
§ 655.42 - Newspaper advertisements.
§ 655.43 - Contact with former U.S. employees.
§ 655.44 - Contact with bargaining representative, posting and other contact requirements.
§ 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 - 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 - Extensions.
§ 655.60 - Extensions.
§ 655.61 - Administrative review.
§ 655.62 - Withdrawal of an Application for Temporary Employment Certification.
§ 655.63 - Public disclosure.
§ 655.65 - Special Document Retention Provisions for Fiscal Years 2017 through 2020 under the Consolidated Appropriations Act.
§ 655.66 - Special document retention provisions for Fiscal Years 2018 through 2021 under the Consolidated Appropriations Act, 2018, Public Law 115-141.
§ 655.67-655.69 - Audits.
§ 655.70 - Audits.
§ 655.71 - CO-ordered assisted recruitment.
§ 655.72 - Revocation.
§ 655.73 - Debarment.
§§ 655.74-655.76 - Scope and purpose of subpart B.
§§ 655.80-655.99 - Scope and purpose of subpart B.
§ 655.100 - Scope and purpose of subpart B.
§ 655.101 - Authority of the Office of Foreign Labor Certification (OFLC) Administrator.
§ 655.102 - Special procedures.
§ 655.103 - Overview of this subpart and definition of terms.
§ 655.120 - Offered wage rate.
§ 655.121 - Job orders.
§ 655.122 - Contents of job offers.
§ 655.130 - Application filing requirements.
§ 655.131 - Association filing requirements.
§ 655.132 - H-2A labor contractor (H-2ALC) filing requirements.
§ 655.133 - Requirements for agents.
§ 655.134 - Emergency situations.
§ 655.135 - Assurances and obligations of H-2A employers.
§ 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 - Amendments to applications for temporary employment certification.
§ 655.150 - Interstate clearance of job order.
§ 655.151 - Newspaper advertisements.
§ 655.152 - Advertising requirements.
§ 655.153 - Contact with former U.S. employees.
§ 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.
§ 655.170 - Extensions.
§ 655.171 - Appeals.
§ 655.172 - Withdrawal of job order and application for temporary employment certification.
§ 655.173 - Setting meal charges; petition for higher meal charges.
§ 655.174 - Public disclosure.
§ 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.
§ 655.200 - Scope and purpose of herding and range livestock regulations.
§ 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 applications for temporary employment certification.
§ 655.220 - Processing herding and range livestock applications for temporary employment certification.
§ 655.225 - Post-acceptance requirements for herding and range livestock.
§ 655.230 - Range housing.
§ 655.235 - Standards for range housing.
§ 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.
§§ 655.405-655.409 - [Reserved]
§ 655.410 - Offered wage rate and determination of prevailing wage.
§ 655.411 - Review of prevailing wage determinations.
§§ 655.412-655.419 - [Reserved]
§ 655.420 - Application filing requirements.
§ 655.421 - Job contractor filing requirements.
§ 655.422 - Emergency situations.
§ 655.423 - Assurances and obligations of CW-1 employers.
§§ 655.424-655.429 - [Reserved]
§ 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.
§§ 655.435-655.439 - [Reserved]
§ 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.
§§ 655.447-655.449 - [Reserved]
§ 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.
§§ 655.457-655.459 - [Reserved]
§ 655.460 - Extensions.
§ 655.461 - Administrative review.
§ 655.462 - Withdrawal of a CW-1 Application for Temporary Employment Certification.
§ 655.463 - Public disclosure.
§§ 655.464-655.469 - [Reserved]
§ 655.470 - Audits.
§ 655.471 - Assisted recruitment.
§ 655.472 - Revocation.
§ 655.473 - Debarment.
§§ 655.474-655.499 - [Reserved]
§ 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.
§ 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.
§ 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?
§ 655.721 - What is the process for filing a labor condition application?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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.
§ 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.
§§ 655.405-655.409 - Offered wage rate and determination of prevailing wage.
§ 655.410 - Offered wage rate and determination of prevailing wage.
§ 655.411 - Review of prevailing wage determinations.
§§ 655.412-655.419 - Application filing requirements.
§ 655.420 - Application filing requirements.
§ 655.421 - Job contractor filing requirements.
§ 655.422 - Emergency situations.
§ 655.423 - Assurances and obligations of CW-1 employers.
§§ 655.424-655.429 - Review of applications.
§ 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.
§§ 655.435-655.439 - Employer-conducted recruitment.
§ 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.
§§ 655.447-655.449 - Determinations.
§ 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.
§§ 655.457-655.459 - Extensions.
§ 655.460 - Extensions.
§ 655.461 - Administrative review.
§ 655.462 - Withdrawal of a CW-1 Application for Temporary Employment Certification.
§ 655.463 - Public disclosure.
§§ 655.464-655.469 - Audits.
§ 655.470 - Audits.
§ 655.471 - Assisted recruitment.
§ 655.472 - Revocation.
§ 655.473 - Debarment.
§§ 655.474-655.499 - Purpose and scope of part 656.