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
Application for Temporary Employment Certification Filing Procedures
Assurances and Obligations
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 2024 under the November 17, 2023 supplemental cap increase.
- 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 § 655.66 - Special document retention provisions for Fiscal Years 2022 through 2026 under the Consolidated Appropriations Act, 2022.
- 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 2021 through 2024 under the Consolidated Appropriations Act, 2021.
- SECTION § 655.69 - Special document retention provisions for Fiscal Years 2022 through 2026 under Public Laws 116-260, 117-43, and 117-70.
Integrity Measures