20 C.F.R. Subpart A—Labor Certification Process for Temporary Employment in Occupations Other Than Agriculture, Logging, or Registered Nursing in the United States (H–2B Workers)
Title 20 - Employees' Benefits
This subpart sets forth the procedures governing the labor certification process for the temporary employment of nonimmigrant aliens in the United States in occupations other than agriculture, logging, or registered nursing. [55 FR 50510, Dec. 6, 1990] Application forms for certification of temporary employment of nonimmigrant aliens may be obtained from and should be filed in duplicate with the appropriate State Workforce Agency serving the area of proposed employment. (Pub. L. No. 96–511) [33 FR 7570, May 22, 1968, as amended at 49 FR 18295, Apr. 30, 1984. Redesignated and amended at 55 FR 50510, Dec. 6, 1990; 71 FR 35518, June 21, 2006] (a) When received, applications for certification shall be forwarded by the State Workforce Agency to the appropriate National Processing Center, who will issue them if he or she finds that qualified persons in the United States are not available and that the terms of employment will not adversely affect the wages and working conditions of workers in the United States similarly employed. (b) In making this finding, such matter as the employer's attempts to recruit workers and the appropriateness of the wages and working conditions offered, will be considered. The policies of the United States Employment Service set forth in part 652 of this chapter and subparts B and C of this part shall be followed in making the findings. (c) In any case in which the OFLC Administrator, Employment and Training Administration, determines after examination of all the pertinent facts before him or her that certification should not be issued, he or she shall promptly so notify the employer requesting the certification. Such notification shall contain a statement of the reasons on which the refusal to issue a certification is based. (d) The certification or notice of denial thereof is to be used by the employer to support its visa petition, filed with the United States Citizenship and Immigration Services of the Department of Homeland Security. [33 FR 7570, May 22, 1968, as amended at 43 FR 10311, Mar. 10, 1978. Redesignated and amended at 55 FR 50510, Dec. 6, 1990; 71 FR 35518, 35521, June 21, 2006] Subpart A of this part does not apply to temporary employment in the Territory of Guam, and the Department of Labor does not certify to the United States Citizenship and Immigration Services of the Department of Homeland Security (DHS) the temporary employment of nonimmigrant aliens under H–2B visas in the Territory of Guam. Pursuant to INS regulations, that function is performed by the Governor of Guam, or the Governor's designated representative within the Territorial Government. [56 FR 56875, Nov. 6, 1991, as amended at 71 FR 35521, June 21, 2006]
Title 20: Employees' Benefits
PART 655—TEMPORARY EMPLOYMENT OF ALIENS IN THE UNITED STATES
Subpart A—Labor Certification Process for Temporary Employment in Occupations Other Than Agriculture, Logging, or Registered Nursing in the United States (H–2B Workers)
§ 655.1 Scope and purpose of subpart A.
§ 655.2 Applications.
§ 655.3 Determinations.
§ 655.4 Territory of Guam.
