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. § 655.200

Scope and purpose of herding and range livestock regulations in this section and §§ 655.201 through 655.235

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(a) Purpose. The purpose of this section and §§ 655.201 through 655.235 is to establish certain procedures for employers who apply to the Department to obtain labor certifications to hire temporary agricultural foreign workers to perform herding or production of livestock on the range, as defined in § 655.201. Unless otherwise specified in this section and §§ 655.201 through 655.235, employers whose job opportunities meet the qualifying criteria under this section and §§ 655.201 through 655.235 must fully comply with all of the requirements of §§ 655.100 through 655.185; part 653, subparts B and F, of this chapter; and part 654 of this chapter.

(b) Jobs subject to this section and §§ 655.201 through 655.235. The procedures in this section and §§ 655.201 through 655.235 apply to job opportunities with the following unique characteristics:

(1) The work activities involve the herding or production of livestock (which includes work that is closely and directly related to herding and/or the production of livestock), as defined under § 655.201;

(2) The work is performed on the range for the majority (meaning more than 50 percent) of the workdays in the work contract period. Any additional work performed at a place other than the range must constitute the production of livestock (which includes work that is closely and directly related to herding and/or the production of livestock); and

(3) The work activities generally require the workers to be on call 24 hours per day, 7 days a week.

Notes of Decisions
Cited in 20 cases, 1981–2017 · leading case: Hispanic Affairs Proj. v. Acosta, 263 F. Supp. 3d 160 (D.D.C. 2017).
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Hispanic Affairs Proj. v. Acosta, 263 F. Supp. 3d 160 (D.D.C. 2017). · cites it 5× “at 12 (citing 20 C.F.R. § 655.200 (b)(2)). Second, the Rule provides for the first time a definition of “range,” 20 C.”
Frederick Cnty. Fruit Growers Ass'n, Inc. v. Lynn Martin, Sec'y of Labor, 968 F.2d 1265 (D.C. Cir. 1992). · cites it 2× “workers,” 20 C.F.R. § 655.200 (b) (1983) (current version at 20 C.”
NAACP v. Donovan, 558 F. Supp. 218 (D.D.C. 1982). · cites it 2× “20 C.F.R. §§ 655.200 (b), 655.207(a). Pursuant to its regulations, the DOL has promulgated an AER yearly.”
Rios v. Marshall, 530 F. Supp. 351 (S.D.N.Y. 1981). “20 C.F.R. § 655.200 (b). The adverse effect rate is defined as the prevailing wage rate of similarly employed domestic workers unless the use (or nonuse) of aliens has depressed the rate.”
Jones v. Tri-Cnty. Growers, Inc., 366 S.E.2d 726 (W. Va. 1988). “20 C.F.R. § 655.200 , et seq. (1978). 1 Among these is the requirement that the employer comply with all federal and state laws relating to employment.”
Moodie v. Kiawah Island Inn Co., 124 F. Supp. 3d 711 (D.S.C. 2015). “See 20 C.F.R. § 655.200 (2015). However, the H-2B regulations in place during the applicable time period here did not.”
Rowe v. Grapevine Corp., 527 S.E.2d 814 (W. Va. 1999). “§ 1188 (a)(1) (1995); 20 C.F.R. § 655.200 (1998). 4 . Grapevine is actually the successor corporation to Tri-County Growers, Inc.”
Rowland v. Marshall, 650 F.2d 28 (4th Cir. 1981). · cites it 3× “20 C.F.R. § 655.200 (b). If the use of aliens has affected the wage rate, however, the AEWR may be set higher than the prevailing wage rate.”
Prod. Farm Mgmt. v. William Brock, Sec'y of Labor, 767 F.2d 1368 (9th Cir. 1985). · cites it 2× “20 C.F.R. § 655.200 (b). DOL has calculated AEWRs for states including Arizona since 1962.”
Beverly Enter., Inc. v. Herman, 119 F. Supp. 2d 1 (D.D.C. 2000). “20 C.F.R. §§ 655.200 (b), 655.207(a) (1984); see also Shoreham Cooperative Apple Producers Ass’n v.”
Rowland v. Marshall, 650 F.2d 28 (4th Cir. 1981). “20 C.F.R. 655.200(b). 2 The purpose of the AEWR is to prevent the importation of nonimmigrant aliens from deflating the wages and from adversely affecting the working conditions of United States workers similarly employed.”
Phillips v. McLaughlin, 854 F.2d 673 (4th Cir. 1988). “at 20524 (codified at 20 C.F.R. § 655.200 (a) (1988) as an amendment to Subpart C).”
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— 20 C.F.R. § 655.200(b) — 2 cases
Rowland v. Marshall, 650 F.2d 28 (4th Cir. 1981). “20 C.F.R. 655.200(b). 2 The purpose of the AEWR is to prevent the importation of nonimmigrant aliens from deflating the wages and from adversely affecting the working conditions of United States workers similarly employed.”
Rowland v. Marshall, 650 F.2d 28 (4th Cir. 1981). “20 C.F.R. § 655.200 (b). If the use of aliens has affected the wage rate, however, the AEWR may be set higher than the prevailing wage rate.”
— 20 C.F.R. § 655.200(b)(2) — 1 case
Hispanic Affairs Proj. v. Acosta, 263 F. Supp. 3d 160 (D.D.C. 2017). “at 12 (citing 20 C.F.R. § 655.200 (b)(2)). Second, the Rule provides for the first time a definition of “range,” 20 C.”
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