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 A—Labor Certification Process for Temporary Non-Agricultural Employment in the United States (H-2B Workers)

20 C.F.R. § 655.51

Criteria for certification

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(a) The criteria for certification include whether the employer has a valid H-2B Registration to participate in the H-2B program and has complied with all of the requirements necessary to grant the labor certification.

(b) In making a determination 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, but who was rejected by the employer for other than a lawful job-related reason.

(c) A certification will not be granted to an employer that has failed to comply with one or more sanctions or remedies imposed by final agency actions under the H-2B program.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2023–2023 · leading case: Kiewit Offshore Servs., Ltd. v. U.S. Dep't of Labor (S.D. Tex. 2023).
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Kiewit Offshore Servs., Ltd. v. U.S. Dep't of Labor (S.D. Tex. 2023). “20 C.F.R. § 655.51 (e); (Doc. No. 1-2 at 12-13), While the relevant regulations do not define a standard of review to be applied in administrative review, BALCA has generally adopted the arbitrary and capricious standard when reviewing the decision of a CO.”
Kiewit Offshore Servs., Ltd. v. U.S. Dep't of Labor (S.D. Tex. 2023). “20 C.F.R. § 655.51 (e); (Doc. No. 1-2 at 12-13).”
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