20 C.F.R. § 655.920 Definitions.
Title 20 - Employees' Benefits
For the purposes of subparts J and K of this part: Accepted for filing means that an attestation submitted by the employer or his designated agent or representative has been received and filed by the Employment and Training Administration of the Department of Labor. Act means the Immigration Act of 1990, as amended. Actual wage means the wage rate paid by the attesting employer to all similarly situated employees in the occupation at the worksite at the time of employment. Administrative Law Judge means an official appointed pursuant to 5 U.S.C. 3105. Administrator means the Administrator of the Wage and Hour Division, Employment Standards Administration, Department of Labor, or such authorized representatives as may be designated to perform any of the functions of the Administrator under subparts J and K of this part. Area of intended employment means the geographic area within normal commuting distance of the place (address) of intended employment. If the place of intended employment is within a Metropolitan Statistical Area (MSA), any place within the MSA is deemed to be within normal commuting distance of the place of intended employment. Attestation means a properly completed Form ETA–9034. Attesting employer means any employer who has filed an attestation required by section 221 of the Act. Attorney General means the chief official of the U.S. Department of Justice or the Attorney General's designee. Chief Administrative Law Judge means the chief official of the Office of the Administrative Law Judges of the Department of Labor or the Chief Administrative Law Judge's designee. Date of filing means the date an attestation is received by ETA as indicated by the date stamped on the attestation. Department and DOL mean the United States Department of Labor. Designated School Official (DSO) means the official of the educational institution who has authority to authorize off-campus employment of F–1 students pursuant to Immigration and Naturalization Service regulations at 8 CFR parts 214 and 274a. Educational institution means the educational institution at which an alien admitted to the United States as an F–1 student is enrolled in a full course of study. Employer means a person, firm, corporation, or other association or organization, which suffers or permits a person to work; and (1) Which has a location within the United States to which U.S. workers may be referred for employment, and which proposes to employ workers at a place within the United States; and (2) Which has an employer-employee relationship with respect to employees under subparts J and K of this part, as indicated by the fact that it may hire, fire, supervise or otherwise control the work of any such employee. Employment and Training Administration (ETA) means the agency within the Department which includes the United States Employment Service (USES). Employment Standards Administration (ESA) means the agency within the Department which includes the Wage and Hour Division. F–1 nonimmigrant student (F–1 student) means an alien who has an F–1 visa. See 8 U.S.C. 1101(A)(15)(F)(i). lNS grants such a visa to an alien who has a residence in a foreign country which he/she has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who entered the United States temporarily and solely for the purpose of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States, particularly designated by him/her and approved by the Attorney General after consultation with the Department of Education of the United States. For purposes of subparts J and K, the term “F–1 student” shall refer to F–1 student(s) who will be employed in off-campus employment unrelated to their field(s) of study. Immigration and Naturalization Service (lNS) means the component of the Department of Justice which administers the Department of Justice's principal functions under the Act. INA means the Immigration and Nationality Act, as amended, 8 U.S.C. 1101 et seq. Independent authoritative source means a professional, business, trade, educational or governmental association, organization, or other similar entity, not owned or controlled by the employer, which has a recognized expertise in the occupational field. Independent authoritative source survey means a survey of wages conducted by an independent authoritative source and published in a book, newspaper, periodical, looseleaf service, newsletter, or other similar medium, within the 24-month period immediately preceding the filing of the employer's attestation and each succeeding annual prevailing wage update. Such survey shall: (1) Reflect the average wage paid to workers similarly employed in the area of intended employment; (2) Be based upon recently collected data—e.g., within the 24-month period immediately preceding the date of publication of the survey; and (3) Represent the latest published prevailing wage finding by the authoritative source for the occupation in the area of intended employment. Position means a single job opening in an occupation for which the attesting employer has recruited and either proposes to fill or has filled with an F–1 student. Regional Certifying Officer means the official in the Employment and Training Administration in a Department of Labor regional office (or his/her designee) who is authorized to act on labor certifications and employment attestations on behalf of the Secretary of Labor. Required wage rate means the rate of pay which is the higher of: (1) The actual establishment wage rate for the occupation in which the F–1 student is to be (or is) employed; or (2) The prevailing wage rate (adjusted on an annual basis) for the occupation in which the F–1 student is to be (or is) employed in the geographic area of intended employment. Secretary means the Secretary of Labor or the Secretary's designee. United States is defined at 8 U.S.C. 1101(a)(38). United States (U.S.) worker means any U.S. citizen or alien who is legally permitted to work indefinitely within the United States.
Title 20: Employees' Benefits
PART 655—TEMPORARY EMPLOYMENT OF ALIENS IN THE UNITED STATES
Subpart J—Attestations by Employers Using F–1 Students in Off-Campus Work
§ 655.920 Definitions.
