Subpart A. 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.

• Prefiling Procedures

  • SECTION § 655.10 - Determination of prevailing wage for temporary labor certification purposes.
  • SECTION § 655.11 - Registration of H-2B employers.
  • SECTION § 655.12 - Use of registration of H-2B employers.
  • SECTION § 655.13 - Review of PWDs.
  • SECTION § 655.14 - [Reserved]

• Application for Temporary Employment Certification Filing Procedures

  • SECTION § 655.15 - Application filing requirements.
  • SECTION § 655.16 - Filing of the job order at the SWA.
  • SECTION § 655.17 - Emergency situations.
  • SECTION § 655.18 - Job order assurances and contents.
  • SECTION § 655.19 - Job contractor filing requirements.

• Assurances and Obligations

  • SECTION § 655.20 - Assurances and obligations of H-2B employers.
  • SECTION §§ 655.21-655.29 - §[Reserved]

• Processing of an Application for Temporary Employment Certification

  • SECTION § 655.30 - Processing of an application and job order.
  • SECTION § 655.31 - Notice of deficiency.
  • SECTION § 655.32 - Submission of a modified application or job order.
  • SECTION § 655.33 - Notice of acceptance.
  • SECTION § 655.34 - Electronic job registry.
  • SECTION § 655.35 - Amendments to an application or job order.
  • SECTION §§ 655.36-655.39 - §[Reserved]

• Post-Acceptance Requirements

  • SECTION § 655.40 - Employer-conducted recruitment.
  • SECTION § 655.41 - Advertising requirements.
  • SECTION § 655.42 - [Reserved]
  • SECTION § 655.43 - Contact with former U.S. employees.
  • SECTION § 655.44 - [Reserved]
  • SECTION § 655.45 - Contact with bargaining representative, posting and other contact requirements.
  • SECTION § 655.46 - Additional employer-conducted recruitment.
  • SECTION § 655.47 - Referrals of U.S. workers.
  • SECTION § 655.48 - Recruitment report.
  • SECTION § 655.49 - [Reserved]

• Labor Certification Determinations

  • SECTION § 655.50 - Determinations.
  • SECTION § 655.51 - Criteria for certification.
  • SECTION § 655.52 - Approved certification.
  • SECTION § 655.53 - Denied certification.
  • SECTION § 655.54 - Partial certification.
  • SECTION § 655.55 - Validity of temporary labor certification.
  • SECTION § 655.56 - Document retention requirements of H-2B employers.
  • SECTION § 655.57 - Request for determination based on nonavailability of U.S. workers.
  • SECTION §§ 655.58-655.59 - §[Reserved]

• Post Certification Activities

  • SECTION § 655.60 - Extensions.
  • SECTION § 655.61 - Administrative review.
  • SECTION § 655.62 - Withdrawal of an Application for Temporary Employment Certification.
  • SECTION § 655.63 - Public disclosure.
  • SECTION § 655.64 - Special 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.
  • SECTION § 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.
  • SECTION § 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.
  • SECTION § 655.68 - Special document retention provisions for Fiscal Years 2025 through 2028 under the Further Consolidated Appropriations Act, 2024, as extended by Public Law 118-83.
  • SECTION § 655.69 - Special 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.

• Integrity Measures

  • SECTION § 655.70 - Audits.
  • SECTION § 655.71 - CO-ordered assisted recruitment.
  • SECTION § 655.72 - Revocation.
  • SECTION § 655.73 - Debarment.
  • SECTION §§ 655.74-655.99 - §[Reserved]