Home/CFR/Title 20/Part 655
FEDERAL · 20 CFR

Part 655 — Temporary Employment of Foreign Workers in the United States

298 sections · Title 20: Employees' Benefits

§ 655.0Scope and purpose of part.
§ 655.00Authority of the Office of Foreign Labor Certification (OFLC) Administrator under subparts A, B, and C.
§ 655.1Scope and purpose of this subpart.
§ 655.2Authority of the agencies, offices, and divisions in the Department of Labor.
§ 655.3Territory of Guam.
§ 655.4Transition procedures.
§ 655.5Definition of terms.
§ 655.6Temporary need.
§ 655.7Persons and entities authorized to file.
§ 655.8Requirements for agents.
§ 655.9Disclosure of foreign worker recruitment.
§ 655.10Determination of prevailing wage for temporary labor certification purposes.
§ 655.11Registration of H-2B employers.
§ 655.12Use of registration of H-2B employers.
§ 655.13Review of PWDs.
§ 655.14§ 655.14 [Reserved]
§ 655.15Application filing requirements.
§ 655.16Filing of the job order at the SWA.
§ 655.17Emergency situations.
§ 655.18Job order assurances and contents.
§ 655.19Job contractor filing requirements.
§ 655.20Assurances and obligations of H-2B employers.
§ 655.21-655.29§§ 655.21-655.29 [Reserved]
§ 655.30Processing of an application and job order.
§ 655.31Notice of deficiency.
§ 655.32Submission of a modified application or job order.
§ 655.33Notice of acceptance.
§ 655.34Electronic job registry.
§ 655.35Amendments to an application or job order.
§ 655.36-655.39§§ 655.36-655.39 [Reserved]
§ 655.40Employer-conducted recruitment.
§ 655.41Advertising requirements.
§ 655.42§ 655.42 [Reserved]
§ 655.43Contact with former U.S. employees.
§ 655.44§ 655.44 [Reserved]
§ 655.45Contact with bargaining representative, posting and other contact requirements.
§ 655.46Additional employer-conducted recruitment.
§ 655.47Referrals of U.S. workers.
§ 655.48Recruitment report.
§ 655.49§ 655.49 [Reserved]
§ 655.50Determinations.
§ 655.51Criteria for certification.
§ 655.52Approved certification.
§ 655.53Denied certification.
§ 655.54Partial certification.
§ 655.55Validity of temporary labor certification.
§ 655.56Document retention requirements of H-2B employers.
§ 655.57Request for determination based on nonavailability of U.S. workers.
§ 655.58-655.59§§ 655.58-655.59 [Reserved]
§ 655.60Extensions.
§ 655.61Administrative review.
§ 655.62Withdrawal of an Application for Temporary Employment Certification.
§ 655.63Public disclosure.
§ 655.64Special 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.
§ 655.65Special document retention provisions for Fiscal Years 2024 through 2027 under the Consolidated Appropriations Act, 2023, as extended by Public Law 118-15.
§ 655.67Special document retention provisions for Fiscal Years 2023 through 2026 under the Consolidated Appropriations Act, 2022, as extended by Public Law 117-180.
§ 655.68Special document retention provisions for Fiscal Years 2025 through 2028 under the Further Consolidated Appropriations Act, 2024, as extended by Public Law 118-83.
§ 655.69Special 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.
§ 655.70Audits.
§ 655.71CO-ordered assisted recruitment.
§ 655.72Revocation.
§ 655.73Debarment.
§ 655.74-655.99§§ 655.74-655.99 [Reserved]
§ 655.100Purpose and scope of this subpart.
§ 655.101Authority of the agencies, offices, and divisions in the Department of Labor.
§ 655.102Transition procedures.
§ 655.103Overview of this subpart and definition of terms.
§ 655.104Successors in interest.
§ 655.120Offered wage rate.
§ 655.121Job order filing requirements.
§ 655.122Contents of job offers.
§ 655.123§ 655.123 [Reserved]
§ 655.124Withdrawal of a job order.
§ 655.130Application filing requirements.
§ 655.131Agricultural association and joint employer filing requirements.
§ 655.132H-2A labor contractor filing requirements.
§ 655.133Requirements for agents.
§ 655.134Emergency situations.
§ 655.135Assurances and obligations of H-2A employers.
§ 655.136Withdrawal of an <em>Application for Temporary Employment Certification</em> and job order.
§ 655.137Disclosure of foreign worker recruitment.
§ 655.140Review of applications.
§ 655.141Notice of deficiency.
§ 655.142Submission of modified applications.
§ 655.143Notice of acceptance.
§ 655.144Electronic job registry.
§ 655.145Pre-determination amendments to applications for temporary employment certification.
§ 655.150Interstate clearance of job order.
§ 655.151-655.152§§ 655.151-655.152 [Reserved]
§ 655.153Contact with former U.S. workers.
§ 655.154Additional positive recruitment.
§ 655.155Referrals of U.S. workers.
§ 655.156Recruitment report.
§ 655.157Withholding of U.S. workers prohibited.
§ 655.158Duration of positive recruitment.
§ 655.160Determinations.
§ 655.161Criteria for certification.
§ 655.162Approved certification.
§ 655.163Certification fee.
§ 655.164Denied certification.
§ 655.165Partial certification.
§ 655.166Requests for determinations based on nonavailability of U.S. workers.
§ 655.167Document retention requirements of H-2A employers.
§ 655.170Extensions.
§ 655.171Appeals.
§ 655.172Post-certification withdrawals.
§ 655.173Setting meal charges; petition for higher meal charges.
§ 655.174Public disclosure.
§ 655.175Post-certification changes to applications for temporary employment certification.
§ 655.180Audit.
§ 655.181Revocation.
§ 655.182Debarment.
§ 655.183Less than substantial violations.
§ 655.184Applications involving fraud or willful misrepresentation.
§ 655.185Job service complaint system; enforcement of work contracts.
§ 655.190Severability.
§ 655.200Scope and purpose of herding and range livestock regulations in this section and §§ 655.201 through 655.235.
§ 655.201Definition of herding and range livestock terms.
§ 655.205Herding and range livestock job orders.
§ 655.210Contents of herding and range livestock job orders.
§ 655.211Herding and range livestock wage rate.
§ 655.215Procedures for filing herding and range livestock <em>Applications for Temporary Employment Certification.</em>
§ 655.220Processing herding and range livestock <em>Applications for Temporary Employment Certification.</em>
§ 655.225Post-acceptance requirements for herding and range livestock.
§ 655.230Range housing.
§ 655.235Standards for range housing.
§ 655.300Scope and purpose.
§ 655.301Definition of terms.
§ 655.302Contents of job orders.
§ 655.303Procedures for filing <em>Applications for Temporary Employment Certification.</em>
§ 655.304Standards for mobile housing.
§ 655.400Scope and purpose of this subpart.
§ 655.401Authority of the agencies, offices, and divisions in the Department of Labor.
§ 655.402Definition of terms.
§ 655.403Persons and entities authorized to file.
§ 655.404Requirements for agents.
§ 655.405-655.409§§ 655.405-655.409 [Reserved]
§ 655.410Offered wage rate and determination of prevailing wage.
§ 655.411Review of prevailing wage determinations.
§ 655.412-655.419§§ 655.412-655.419 [Reserved]
§ 655.420Application filing requirements.
§ 655.421Job contractor filing requirements.
§ 655.422Emergency situations.
§ 655.423Assurances and obligations of CW-1 employers.
§ 655.424-655.429§§ 655.424-655.429 [Reserved]
§ 655.430Review of applications.
§ 655.431Notice of Deficiency.
§ 655.432Submission of modified applications.
§ 655.433Notice of Acceptance.
§ 655.434Amendments to an application.
§ 655.435-655.439§§ 655.435-655.439 [Reserved]
§ 655.440Employer-conducted recruitment.
§ 655.441Job offer assurances and advertising contents.
§ 655.442Place advertisement with CNMI Department of Labor.
§ 655.443Contact with former U.S. workers.
§ 655.444Notice of posting requirement.
§ 655.445Additional employer-conducted recruitment.
§ 655.446Recruitment report.
§ 655.447-655.449§§ 655.447-655.449 [Reserved]
§ 655.450Determinations.
§ 655.451Criteria for temporary labor certification.
§ 655.452Approved certification.
§ 655.453Denied certification.
§ 655.454Partial certification.
§ 655.455Validity of temporary labor certification.
§ 655.456Document retention requirements for CW-1 employers.
§ 655.457-655.459§§ 655.457-655.459 [Reserved]
§ 655.460Extensions.
§ 655.461Administrative review.
§ 655.462Withdrawal of a CW-1 Application for Temporary Employment Certification.
§ 655.463Public disclosure.
§ 655.464-655.469§§ 655.464-655.469 [Reserved]
§ 655.470Audits.
§ 655.471Assisted recruitment.
§ 655.472Revocation.
§ 655.473Debarment.
§ 655.474-655.499§§ 655.474-655.499 [Reserved]
§ 655.500Purpose, procedure and applicability of subparts F and G of this part.
§ 655.501Overview of responsibilities.
§ 655.502Definitions.
§ 655.510Employer attestations.
§ 655.520Special provisions regarding automated vessels.
§ 655.530Special provisions regarding the performance of longshore activities at locations in the State of Alaska.
§ 655.531Who may submit attestations for locations in Alaska?
§ 655.532Where and when should attestations be submitted for locations in Alaska?
§ 655.533What should be submitted for locations in Alaska?
§ 655.534The first attestation element for locations in Alaska: Bona fide request for dispatch of United States longshore workers.
§ 655.535The second attestation element for locations in Alaska: Employment of United States longshore workers.
§ 655.536The third attestation element for locations in Alaska: No intention or design to influence bargaining representative election.
§ 655.537The fourth attestation element for locations in Alaska: Notice of filing.
§ 655.538Actions on attestations submitted for filing for locations in Alaska.
§ 655.539Effective date and validity of filed attestations for locations in Alaska.
§ 655.540Suspension or invalidation of filed attestations for locations in Alaska.
§ 655.541Withdrawal of accepted attestations for locations in Alaska.
§ 655.550Public access.
§ 655.600Enforcement authority of Administrator, Wage and Hour Division.
§ 655.605Complaints and investigative procedures.
§ 655.610Automated vessel exception to prohibition on utilization of alien crewmember(s) to perform longshore activity(ies) at a U.S. port.
§ 655.615Cease and desist order.
§ 655.620Civil money penalties and other remedies.
§ 655.625Written notice, service and Federal Register publication of Administrator's determination.
§ 655.630Request for hearing.
§ 655.635Rules of practice for administrative law judge proceedings.
§ 655.640Service and computation of time.
§ 655.645Administrative law judge proceedings.
§ 655.650Decision and order of administrative law judge.
§ 655.655Secretary's review of administrative law judge's decision.
§ 655.660Administrative record.
§ 655.665Notice to the Department of Homeland Security and the Employment and Training Administration.
§ 655.670Federal Register notice of determination of prevailing practice.
§ 655.675Non-applicability of the Equal Access to Justice Act.
§ 655.700What 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?
§ 655.705What Federal agencies are involved in the H-1B and H-1B1 programs, and what are the responsibilities of those agencies and of employers?
§ 655.710What is the procedure for filing a complaint?
§ 655.715Definitions.
§ 655.720Where are labor condition applications (LCAs) to be filed and processed?
§ 655.721§ 655.721 [Reserved]
§ 655.730What is the process for filing a labor condition application?
§ 655.731What is the first LCA requirement, regarding wages?
§ 655.732What is the second LCA requirement, regarding working conditions?
§ 655.733What is the third LCA requirement, regarding strikes and lockouts?
§ 655.734What is the fourth LCA requirement, regarding notice?
§ 655.735What 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?
§ 655.736What are H-1B-dependent employers and willful violators?
§ 655.737What are “exempt” H-1B nonimmigrants, and how does their employment affect the additional attestation obligations of H-1B-dependent employers and willful violator employers?
§ 655.738What are the “non-displacement of U.S. workers” obligations that apply to H-1B-dependent employers and willful violators, and how do they operate?
§ 655.739What is the “recruitment of U.S. workers” obligation that applies to H-1B-dependent employers and willful violators, and how does it operate?
§ 655.740What actions are taken on labor condition applications?
§ 655.750What is the validity period of the labor condition application?
§ 655.760What records are to be made available to the public, and what records are to be retained?
§ 655.800Who will enforce the LCAs and how will they be enforced?
§ 655.801What protection do employees have from retaliation?
§ 655.805What violations may the Administrator investigate?
§ 655.806Who may file a complaint and how is it processed?
§ 655.807How may someone who is not an “aggrieved party” allege violations, and how will those allegations be processed?
§ 655.808Under what circumstances may random investigations be conducted?
§ 655.810What remedies may be ordered if violations are found?
§ 655.815What are the requirements for the Administrator's determination?
§ 655.820How is a hearing requested?
§ 655.825What rules of practice apply to the hearing?
§ 655.830What rules apply to service of pleadings?
§ 655.835How will the administrative law judge conduct the proceeding?
§ 655.840What are the requirements for a decision and order of the administrative law judge?
§ 655.845What rules apply to appeal of the decision of the administrative law judge?
§ 655.850Who has custody of the administrative record?
§ 655.855What notice shall be given to the Employment and Training Administration and the DHS of the decision regarding violations?
§ 655.1100What are the purposes, procedures and applicability of these regulations in subparts L and M of this part?
§ 655.1101What are the responsibilities of the government agencies and the facilities that participate in the H-1C program?
§ 655.1102What are the definitions of terms that are used in these regulations?
§ 655.1110What requirements are imposed in the filing of an attestation?
§ 655.1111Element I—What hospitals are eligible to participate in the H-1C program?
§ 655.1112Element II—What does “no adverse effect on wages and working conditions” mean?
§ 655.1113Element III—What does “facility wage rate” mean?
§ 655.1114Element IV—What are the timely and significant steps an H-1C employer must take to recruit and retain U.S. nurses?
§ 655.1115Element V—What does “no strike/lockout or layoff” mean?
§ 655.1116Element VI—What notification must facilities provide to registered nurses?
§ 655.1117Element VII—What are the limitations as to the number of H-1C nonimmigrants that a facility may employ?
§ 655.1118Element VIII—What are the limitations as to where the H-1C nonimmigrant may be employed?
§ 655.1130What criteria does the Department use to determine whether or not to certify an Attestation?
§ 655.1132When will the Department suspend or invalidate an approved Attestation?
§ 655.1135What appeals procedures are available concerning ETA's actions on a facility's Attestation?
§ 655.1150What materials must be available to the public?
§ 655.1200What enforcement authority does the Department have with respect to a facility's H-1C Attestations?
§ 655.1205What is the Administrator's responsibility with respect to complaints and investigations?
§ 655.1210What penalties and other remedies may the Administrator impose?
§ 655.1215How are the Administrator's investigation findings issued?
§ 655.1220Who can appeal the Administrator's findings and what is the process?
§ 655.1225What are the rules of practice before an ALJ?
§ 655.1230What time limits are imposed in ALJ proceedings?
§ 655.1235What are the ALJ proceedings?
§ 655.1240When and how does an ALJ issue a decision?
§ 655.1245Who can appeal the ALJ's decision and what is the process?
§ 655.1250Who is the official record keeper for these administrative appeals?
§ 655.1255What are the procedures for debarment of a facility based on a finding of violation?
§ 655.1260Can Equal Access to Justice Act attorney fees be awarded?
§ 655.1290Purpose and scope of subpart B.
§ 655.1292Authority of ETA-OFLC.
§ 655.1293Special procedures.
§ 655.1300Overview of subpart B and definition of terms.
§ 655.1301Applications for temporary employment certification in agriculture.
§ 655.1302Required pre-filing activity.
§ 655.1303Advertising requirements.
§ 655.1304Contents of job offers.
§ 655.1305Assurances and obligations of H-2A employers.
§ 655.1306Assurances and obligations of H-2A Labor Contractors.
§ 655.1307Processing of applications.
§ 655.1308Offered wage rate.
§ 655.1309Labor certification determinations.
§ 655.1310Validity and scope of temporary labor certifications.
§ 655.1311Required departure.
§ 655.1312Audits.
§ 655.1313H-2A applications involving fraud or willful misrepresentation.
§ 655.1314Setting meal charges; petition for higher meal charges.
§ 655.1315Administrative review and de novo hearing before an administrative law judge.
§ 655.1316Job Service Complaint System; enforcement of work contracts.
§ 655.1317Revocation of approved labor certifications.
§ 655.1318Debarment.
§ 655.1319Document retention requirements.