C.F.R. » Title 20 » CHAPTER V—EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR › PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES › Subpart B—Labor Certification Process for Temporary Agricultural Employment in the United States (H-2A Workers)

20 C.F.R. § 655.161

Criteria for certification

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(a) The criteria for certification include whether the employer has complied with the applicable requirements of parts 653 and 654 of this chapter, and all requirements of this subpart, which are necessary to grant the labor certification.

(b) In making a determination as to whether there are insufficient U.S. workers to fill the employer's job opportunity, the CO will count as available any U.S. worker referred by the SWA or any U.S. worker who applied (or on whose behalf an application is made) directly to the employer, whom the employer has not rejected for a lawful, job-related reason.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2013–2022 · leading case: Victor Rivera v. Peri & Sons Farms, Inc., 735 F.3d 892 (9th Cir. 2013).
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Victor Rivera v. Peri & Sons Farms, Inc., 735 F.3d 892 (9th Cir. 2013). “Employers can only hire H-2A workers after demonstrating that they are unable to satisfy their labor needs with American workers, see 20 C.F.R. § 655.161 (b), so an employer’s benefit is clear.”
Maine Forest Prods. Council v. Cormier, 51 F.4th 1 (1st Cir. 2022). “" 20 C.F.R. § 655.161 (b). The regulations also ensure that the open agricultural jobs can be filled by qualified U.”
Garcia v. Acosta (D.D.C. 2021). “” 20 C.F.R. § 655.161 (a). Presumably, Plaintiffs mean to argue that the word “must” as used in § 655.”
Alfaro-Huitron v. WKI Outsourcing Solutions, LLC, 347 F. Supp. 3d 635 (D.N.M. 2018). “If an employer has satisfied the recruitment assurances and other promises identified in 20 C.F.R. § 655.161 , then the Secretary of Labor can grant a request to hire temporary foreign agricultural labor.”
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