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. § 655.190

Severability

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If any provision of this subpart is held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, or stayed pending further agency action, the provision will be construed so as to continue to give the maximum effect to the provision permitted by law, unless such holding is one of total invalidity or unenforceability, in which event the provision will be severable from this part and shall not affect the remainder thereof.

[89 FR 34065, Apr. 29, 2024] Labor Certification Process for Temporary Agricultural Employment in Range Sheep Herding, Goat Herding, and Production of Livestock Occupations
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Familias Unidas Por La Justicia AFL-CIO v. United States Dep't of Labor (W.D. Wash. 2025).
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Familias Unidas Por La Justicia AFL-CIO v. United States Dep't of Labor (W.D. Wash. 2025). “# 176 at 16–17 (citing 20 C.F.R. § 655.190 ). Familias contends that replacing the 3 2020-survey wages with “no finding” results violates the One-Year Rule as severed because 4 Federal Defendants concede that a “no finding” is not a “prevailing wage.”
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