20 CFR 655.203 - Assurances.

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There are 12 Updates appearing in the Federal Register for 20 CFR Part 655. View below or at eCFR (GPOAccess)
§ 655.203 Assurances.
As part of the temporary labor certification application, the employer shall include assurances, signed by the employer, that:
(a) The job opportunity is not:
(1) Vacant because the former occupant is on strike or being locked out in the course of a labor dispute; or
(2) At issue in a labor dispute involving a work stoppage;
(b) During the period for which the temporary labor certification is granted, the employer will comply with applicable Federal, State and local employment-related laws, including employment related health and safety laws;
(c) The job opportunity is open to all qualified U.S. workers without regard to race, color, national origin, sex, or religion, and is open to U.S. workers with handicaps who are qualified to perform the work. No U.S. worker will be rejected for employment for other than a lawful job related reason;
(d) The employer will cooperate with the employment service system in the active recruitment of U.S. workers until the foreign workers have departed for the employer's place of employment by;
(1) Allowing the employment service system to prepare local, intrastate and interstate job orders using the information supplied on the employer's job offer;
(2) Placing at least two advertisements for the job opportunities in local newspapers of general circulation.
(i) Each such advertisement shall describe the nature and anticipated duration of the job opportunity; offer at least the adverse effect wage rate; give the 3/4 guarantee; state that work tools, supplies and equipment will be provided by the employer; state that housing will also be provided, and that transportation and subsistence expenses to the worksite will be provided or paid for by the employer;
(ii) Each advertisement shall direct interested workers to apply for the job opportunity at the appropriate office of the State Workforce Agency in their area;
(3) Cooperating with the employment service system in contacting farm labor contractors, migrant workers and other potential workers in other areas of the State and/or Nation by letter and/or telephone;
(4) Cooperating with the employment service system in contacting schools, business and labor organizations, fraternal and veterans organizations, and non-profit organizations and public agencies such as sponsors of programs under the Comprehensive Employment and Training Act, throughout the area of intended employment, in order to enlist them in helping to find U.S. workers; and
(5) If the employer, or an association of employers of which the employer is a member, intends to negotiate and/or contract with the Government of a foreign nation or any foreign association, corporation or organization in order to secure foreign workers, making the same kind and degree of efforts to secure U.S. workers;
(e) From the time the foreign workers depart for the employer's place of employment, the employer will provide employment to any qualified U.S. worker who applies to the employer until fifty percent of the period of the work contract, under which the foreign worker who is in the job was hired, has elapsed. In addition, the employer will offer to provide housing, and the other benefits, wages, and working conditions required by § 655.202, to any such U.S. worker; and
(f) Performing the other specific recruitment activities specified in the notice from the OFLC Administrator required by § 655.205(a).

Title 20 published on 2012-04-01.

The following are only the Rules published in the Federal Register after the published date of Title 20.

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  • 2015-04-29; vol. 80 # 82 - Wednesday, April 29, 2015
    1. 80 FR 24042 - Temporary Non-Agricultural Employment of H-2B Aliens in the United States
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, DEPARTMENT OF HOMELAND SECURITY, Employment and Training Administration, Wage and Hour Division
      Interim final rule; request for comments.
      This interim final rule is effective April 29, 2015. Interested persons are invited to submit written comments on this interim final rule on or before June 29, 2015.
      8 CFR Part 214

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United States Code
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Title 20 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 20 CFR Part 655 after this date.

  • 2015-05-05; vol. 80 # 86 - Tuesday, May 5, 2015
    1. 80 FR 25633 - Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Open Range in the United States; Extension of Comment Period
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, Employment and Training Administration
      Proposed rule; extension of comment period.
      The comment period for the proposed rule published on April 15, 2015 (80 FR 20300) is extended. Interested persons are invited to submit written comments on the proposed rule, identified by RIN 1205-AB70, on or before June 1, 2015
      20 CFR Part 655