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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of November 19, 2009
TITLE 20--Employees' Benefits
CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
PART 655--TEMPORARY EMPLOYMENT OF ALIENS IN THE UNITED STATES
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| Purpose and scope of subpart A. |
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| Authority of the Office of Foreign Labor Certification (OFLC) Administrator under subparts A, B, and C. |
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Subpart A--LABOR CERTIFICATION PROCESS AND ENFORCEMENT OF ATTESTATIONS FOR TEMPORARY EMPLOYMENT IN OCCUPATIONS OTHER THAN AGRICULTURE OR REGISTERED NURSING IN THE UNITED STATES (H-2B WORKERS)
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| Scope and purpose of subpart A. |
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| Definitions of terms used in this subpart. |
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| Purpose and scope of subpart A. |
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| Determination of prevailing wage for temporary labor certification purposes. |
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| Certifying officer review of prevailing wage determinations. |
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| Required pre-filing recruitment. |
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| Advertising requirements. |
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| Applications for temporary employment certification. |
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| Supporting evidence for temporary need. |
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| Obligations of H-2B employers. |
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| Receipt and processing of applications. |
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| Labor certification determinations. |
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| Validity of temporary labor certifications. |
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| WHD Administrator's determination. |
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| Hearing rules of practice. |
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| Decision and order of administrative law judge. |
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| Appeal of administrative law judge decision. |
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| Application filing transition. |
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Subpart B--LABOR CERTIFICATION PROCESS FOR TEMPORARY AGRICULTURAL EMPLOYMENT IN THE UNITED STATES (H-2A WORKERS)
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| Scope and purpose of subpart B. |
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| Authority of the Office of Foreign Labor Certification (OFLC) Administrator. |
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| Overview of this subpart and definition of terms. |
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| Temporary alien agricultural labor certification applications. |
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| Determinations based on acceptability of H-2A applications. |
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| Referral of U.S. workers; determinations based on U.S. worker availability and adverse effect; activities after receipt of the temporary alien agricultural labor certification. |
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| Adverse effect wage rates (AEWRs). |
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| H-2A applications involving fraud or willful misrepresentation. |
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| Employer penalties for noncompliance with terms and conditions of temporary alien agricultural labor certifications. |
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| Petition for higher meal charges. |
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| Administrative review and de novo hearing before an administrative law judge. |
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| Job Service Complaint System; enforcement of work contracts. |
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Subpart C--LABOR CERTIFICATION PROCESS FOR LOGGING EMPLOYMENT AND NON-H-2A AGRICULTURAL EMPLOYMENT
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| General description of this subpart and definition of terms. |
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| Temporary labor certification applications. |
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| Determinations based on temporary labor certification applications. |
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| Determinations of U.S. worker availability and adverse effect on U.S. workers. |
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| Temporary labor certification applications involving fraud or willful misrepresentation. |
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| Invalidation of temporary labor certifications. |
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| Failure of employers to comply with the terms of a temporary labor certification. |
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| Petition for higher meal charges. |
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| Administrative-judicial reviews. |
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Subpart D--ATTESTATIONS BY FACILITIES USING NONIMMIGRANT ALIENS AS REGISTERED NURSES
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| Purpose and scope of subparts D and E. |
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| Appeals of acceptance and rejection of attestations submitted for filing and of State plans. |
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Subpart E--ENFORCEMENT OF H-1A ATTESTATIONS
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| Enforcement authority of Administrator, Wage and Hour Division. |
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| Complaints and investigative procedures. |
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| Civil money penalties and other remedies. |
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| Written notice and service of Administrator's determination. |
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| Rules of practice for administrative law judge proceedings. |
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| Service and computation of time. |
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| Administrative law judge proceedings. |
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| Decision and order of administrative law judge. |
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| Secretary's review of administrative law judge's decision. |
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| Notice to the Attorney General and the Employment and Training Administration. |
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| Non-applicability of the Equal Access to Justice Act. |
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Subpart F--ATTESTATIONS BY EMPLOYERS USING ALIEN CREWMEMBERS FOR LONGSHORE ACTIVITIES IN U.S. PORTS
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| Purpose, procedure and applicability of subparts F and G of this part. |
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| Overview of responsibilities. |
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| Special provisions regarding automated vessels. |
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| Special provisions regarding the performance of longshore activities at locations in the State of Alaska. |
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| Who may submit attestations for locations in Alaska? |
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| Where and when should attestations be submitted for locations in Alaska? |
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| What should be submitted for locations in Alaska? |
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| The first attestation element for locations in Alaska: Bona fide request for dispatch of United States longshore workers. |
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| The second attestation element for locations in Alaska: Employment of United States longshore workers. |
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| The third attestation element for locations in Alaska: No intention or design to influence bargaining representative election. |
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| The fourth attestation element for locations in Alaska: Notice of filing. |
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| Actions on attestations submitted for filing for locations in Alaska. |
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| Effective date and validity of filed attestations for locations in Alaska. |
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| Suspension or invalidation of filed attestations for locations in Alaska. |
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| Withdrawal of accepted attestations for locations in Alaska. |
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Subpart G--ENFORCEMENT OF THE LIMITATIONS IMPOSED ON EMPLOYERS USING ALIEN CREWMEMBERS FOR LONGSHORE ACTIVITIES IN U.S. PORTS
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| Enforcement authority of Administrator, Wage and Hour Division. |
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| Complaints and investigative procedures. |
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| Automated vessel exception to prohibition on utilization of alien crewmember(s) to perform longshore activity(ies) at a U.S. port. |
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| Civil money penalties and other remedies. |
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| Written notice, service and Federal Register publication of Administrator's determination. |
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| Rules of practice for administrative law judge proceedings. |
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| Service and computation of time. |
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| Administrative law judge proceedings. |
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| Decision and order of administrative law judge. |
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| Secretary's review of administrative law judge's decision. |
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| Notice to the Department of Homeland Security and the Employment and Training Administration. |
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| Federal Register notice of determination of prevailing practice. |
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| Non-applicability of the Equal Access to Justice Act. |
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Subpart H--LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS SEEKING TO EMPLOY NONIMMIGRANTS ON H-1B VISAS IN SPECIALTY OCCUPATIONS AND AS FASHION MODELS, AND REQUIREMENTS FOR EMPLOYERS SEEKING TO EMPLOY NONIMMIGRANTS ON H-1B1 AND E-3 VISAS IN SPECIALTY OCCUPATIONS
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| 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? |
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| What Federal agencies are involved in the H-1B and H-1B1 programs, and what are the responsibilities of those agencies and of employers? |
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| What is the procedure for filing a complaint? |
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| Where are labor condition applications (LCAs) to be filed and processed? |
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| What is the process for filing a labor condition application? |
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| What is the first LCA requirement, regarding wages? |
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| What is the second LCA requirement, regarding working conditions? |
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| What is the third LCA requirement, regarding strikes and lockouts? |
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| What is the fourth LCA requirement, regarding notice? |
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| 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? |
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| What are H-1B-dependent employers and willful violators? |
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| 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? |
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| 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? |
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| What is the ''recruitment of U.S. workers'' obligation that applies to H-1B-dependent employers and willful violators, and how does it operate? |
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| What actions are taken on labor condition applications? |
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| What is the validity period of the labor condition application? |
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| What records are to be made available to the public, and what records are to be retained? |
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Subpart I--ENFORCEMENT OF H-1B LABOR CONDITION APPLICATIONS AND H-1B1 AND E-3 LABOR ATTESTATIONS
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| Who will enforce the LCAs and how will they be enforced? |
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| What protection do employees have from retaliation? |
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| What violations may the Administrator investigate? |
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| Who may file a complaint and how is it processed? |
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| How may someone who is not an ''aggrieved party'' allege violations, and how will those allegations be processed? |
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| Under what circumstances may random investigations be conducted? |
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| What remedies may be ordered if violations are found? |
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| What are the requirements for the Administrator's determination? |
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| How is a hearing requested? |
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| What rules of practice apply to the hearing? |
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| What rules apply to service of pleadings? |
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| How will the administrative law judge conduct the proceeding? |
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| What are the requirements for a decision and order of the administrative law judge? |
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| What rules apply to appeal of the decision of the administrative law judge? |
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| Who has custody of the administrative record? |
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| What notice shall be given to the Employment and Training Administration and the DHS of the decision regarding violations? |
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Subpart J--ATTESTATIONS BY EMPLOYERS USING F-1 STUDENTS IN OFF-CAMPUS WORK
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| Purpose, procedure and applicability of subparts J and K of this part. |
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| Addresses of Department of Labor regional offices. |
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Subpart K--ENFORCEMENT OF THE ATTESTATION PROCESS FOR ATTESTATIONS FILED BY EMPLOYERS UTILIZING F-1 STUDENTS IN OFF-CAMPUS WORK
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| Enforcement authority of Administrator, Wage and Hour Division. |
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| Complaints and investigative procedures. |
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| Written notice and service of Administrator's determination. |
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| Rules of practice for administrative law judge proceedings. |
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| Service and computation of time. |
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| Administrative law judge proceedings. |
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| Decision and order of administrative law judge. |
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| Secretary's review of administrative law judge's decision. |
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| Notice to the Employment and Training Administration (ETA) and the Attorney General (AG). |
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| Non-applicability of the Equal Access to Justice Act. |
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Subpart L--WHAT REQUIREMENTS MUST A FACILITY MEET TO EMPLOY H-1C NONIMMIGRANT WORKERS AS REGISTERED NURSES?
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| What are the purposes, procedures and applicability of these regulations in subparts L and M of this part? |
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| What are the responsibilities of the government agencies and the facilities that participate in the H-1C program? |
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| What are the definitions of terms that are used in these regulations? |
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| What requirements does the NRDAA impose in the filing of an Attestation? |
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| Element I--What hospitals are eligible to participate in the H-1C program? |
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| Element II--What does ''no adverse effect on wages and working conditions'' mean? |
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| Element III--What does ''facility wage rate'' mean? |
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| Element IV--What are the timely and significant steps an H-1C employer must take to recruit and retain U.S. nurses? |
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| Element V--What does ''no strike/lockout or layoff'' mean? |
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| Element VI--What notification must facilities provide to registered nurses? |
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| Element VII--What are the limitations as to the number of H-1C nonimmigrants that a facility may employ? |
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| Element VIII--What are the limitations as to where the H-1C nonimmigrant may be employed? |
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| What criteria does the Department use to determine whether or not to certify an Attestation? |
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| When will the Department suspend or invalidate an approved Attestation? |
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| What appeals procedures are available concerning ETA's actions on a facility's Attestation? |
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| What materials must be available to the public? |
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Subpart M--WHAT ARE THE DEPARTMENT'S ENFORCEMENT OBLIGATIONS WITH RESPECT TO H-1C ATTESTATIONS?
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| What enforcement authority does the Department have with respect to a facility's H-1C Attestations? |
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| What is the Administrator's responsibility with respect to complaints and investigations? |
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| What penalties and other remedies may the Administrator impose? |
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| How are the Administrator's investigation findings issued? |
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| Who can appeal the Administrator's findings and what is the process? |
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| What are the rules of practice before an ALJ? |
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| What time limits are imposed in ALJ proceedings? |
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| What are the ALJ proceedings? |
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| When and how does an ALJ issue a decision? |
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| Who can appeal the ALJ's decision and what is the process? |
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| Who is the official record keeper for these administrative appeals? |
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| What are the procedures for debarment of a facility based on a finding of violation? |
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| Can Equal Access to Justice Act attorney fees be awarded? |
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Subpart N--LABOR CERTIFICATION PROCESS FOR TEMPORARY AGRICULTURAL EMPLOYMENT IN THE UNITED STATES (H-2A WORKERS)
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| Purpose and scope of subpart B. |
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| Overview of subpart B and definition of terms. |
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| Applications for temporary employment certification in agriculture. |
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| Required pre-filing activity. |
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| Advertising requirements. |
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| Assurances and obligations of H-2A employers. |
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| Assurances and obligations of H-2A Labor Contractors. |
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| Processing of applications. |
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| Labor certification determinations. |
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| Validity and scope of temporary labor certifications. |
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| H-2A applications involving fraud or willful misrepresentation. |
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| Setting meal charges; petition for higher meal charges. |
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| Administrative review and de novo hearing before an administrative law judge. |
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| Job Service Complaint System; enforcement of work contracts. |
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| Revocation of approved labor certifications. |
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| Document retention requirements. |
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