20 C.F.R. § 655.3

Territory of Guam

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This subpart does not apply to temporary employment in the Territory of Guam, except that an employer who applies for a temporary labor certification for a job opportunity on Guam will need to obtain a prevailing wage from the U.S. Department of Labor (DOL) in accordance with § 655.10, subject to the transfer of authority to set the prevailing wage for a job opportunity on Guam to DOL in title 8 of the Code of Federal Regulations. DOL does not certify to DHS the temporary employment of H-2B nonimmigrant foreign workers, or enforce compliance with the provisions of the H-2B visa program, in the Territory of Guam.

Notes of Decisions
Cited in 4 cases, 1996–2008 · leading case: United States v. Richard Dattner Architects, 972 F. Supp. 738 (S.D.N.Y. 1997).
United States v. Richard Dattner Architects, 972 F. Supp. 738 (S.D.N.Y. 1997). “20 C.F.R. § 655.3 (b). The Secretary of Labor may approve the application for labor certification if she finds that qualified domestic workers are unavailable, and that the terms of the alien’s employment will not adversely affect the wages and working conditions of domestic…”
De Leon-Granados v. Eller & Sons Trees, Inc., 581 F. Supp. 2d 1295 (N.D. Ga. 2008). “20 C.F.R. § 655.3 . In addition to benefitting the H-2B workers themselves, these prevailing wage rates protect domestic workers by ensuring that an employer’s hiring of foreign guestwork-ers does not drive down local wages.”
Martinez v. Reich, 934 F. Supp. 232 (S.D. Tex. 1996). “” 20 C.F.R. § 655.3 (b) (1995). Part 652 provides for the establishment and functioning of State Employment Services (SES) for the “basic purpose” of improving “the functioning of the nation’s labor markets by bringing together individuals who are seeking employment and…”
United Farmworkers of Am., AFL-CIO v. Chao, 227 F. Supp. 2d 102 (D.D.C. 2002). “” ( 20 C.F.R. § 655.3 ; 8 C.F.R. § 214.2 (h)5).”
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