Title 20--Employees' Benefits
CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
PART 655--TEMPORARY EMPLOYMENT OF ALIENS IN THE UNITED STATES
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| 655.0 |
Scope and purpose of part. |
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| 655.00 |
Authority of the Regional Administrator under subparts A, B, and C. |
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| 655.1 |
Scope and purpose of subpart A. |
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| 655.2 |
Applications. |
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| 655.3 |
Determinations. |
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| 655.4 |
Territory of Guam. |
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| 655.90 |
Scope and purpose of subpart B. |
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| 655.92 |
Authority of the Regional Administrator. |
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| 655.93 |
Special circumstances. |
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| 655.100 |
Overview of this subpart and definition of terms. |
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| 655.101 |
Temporary alien agricultural labor certification applications. |
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| 655.102 |
Contents of job offers. |
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| 655.103 |
Assurances. |
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| 655.104 |
Determinations based on acceptability of H-2A applications. |
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| 655.105 |
Recruitment period. |
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| 655.106 |
Referral of U.S. workers; determinations based on U.S. worker availability and adverse effect; activities after receipt of the temporary alien agricultural labor certification. |
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| 655.107 |
Adverse effect wage rates (AEWRs). |
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| 655.108 |
H-2A applications involving fraud or willful misrepresentation. |
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| 655.110 |
Employer penalties for noncompliance with terms and conditions of temporary alien agricultural labor certifications. |
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| 655.111 |
Petition for higher meal charges. |
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| 655.112 |
Administrative review and de novo hearing before an administrative law judge. |
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| 655.113 |
Job Service Complaint System; enforcement of work contracts. |
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| 655.200 |
General description of this subpart and definition of terms. |
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| 655.201 |
Temporary labor certification applications. |
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| 655.202 |
Contents of job offers. |
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| 655.203 |
Assurances. |
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| 655.204 |
Determinations based on temporary labor certification applications. |
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| 655.205 |
Recruitment period. |
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| 655.206 |
Determinations of U.S. worker availability and adverse effect on U.S. workers. |
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| 655.207 |
Adverse effect rates. |
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| 655.208 |
Temporary labor certification applications involving fraud or willful misrepresentation. |
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| 655.209 |
Invalidation of temporary labor certifications. |
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| 655.210 |
Failure of employers to comply with the terms of a temporary labor certification. |
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| 655.211 |
Petition for higher meal charges. |
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| 655.212 |
Administrative-judicial reviews. |
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| 655.215 |
Territory of Guam. |
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| 655.300 |
Purpose and scope of subparts D and E. |
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| 655.301 |
Overview of process. |
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| 655.302 |
Definitions. |
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| 655.310 |
Attestations. |
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| 655.315 |
State plans. |
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| 655.320 |
Appeals of acceptance and rejection of attestations submitted for filing and of State plans. |
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| 655.350 |
Public access. |
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| 655.400 |
Enforcement authority of Administrator, Wage and Hour Division. |
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| 655.405 |
Complaints and investigative procedures. |
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| 655.410 |
Civil money penalties and other remedies. |
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| 655.415 |
Written notice and service of Administrator's determination. |
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| 655.420 |
Request for hearing. |
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| 655.425 |
Rules of practice for administrative law judge proceedings. |
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| 655.430 |
Service and computation of time. |
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| 655.435 |
Administrative law judge proceedings. |
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| 655.440 |
Decision and order of administrative law judge. |
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| 655.445 |
Secretary's review of administrative law judge's decision. |
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| 655.450 |
Administrative record. |
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| 655.455 |
Notice to the Attorney General and the Employment and Training Administration. |
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| 655.460 |
Non-applicability of the Equal Access to Justice Act. |
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| 655.500 |
Purpose, procedure and applicability of subparts F and G of this part. |
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| 655.501 |
Overview of responsibilities. |
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| 655.502 |
Definitions. |
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| 655.510 |
Employer attestations. |
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| 655.520 |
Special provisions regarding automated vessels. |
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| 655.530 |
Special provisions regarding the performance of longshore activities at locations in the State of Alaska. |
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| 655.531 |
Who may submit attestations for locations in Alaska? |
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| 655.532 |
Where and when should attestations be submitted for locations in Alaska? |
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| 655.533 |
What should be submitted for locations in Alaska? |
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| 655.534 |
The first attestation element for locations in Alaska: Bona fide request for dispatch of United States longshore workers. |
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| 655.535 |
The second attestation element for locations in Alaska: Employment of United States longshore workers. |
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| 655.536 |
The third attestation element for locations in Alaska: No intention or design to influence bargaining representative election. |
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| 655.537 |
The fourth attestation element for locations in Alaska: Notice of filing. |
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| 655.538 |
Actions on attestations submitted for filing for locations in Alaska. |
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| 655.539 |
Effective date and validity of filed attestations for locations in Alaska. |
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| 655.540 |
Suspension or invalidation of filed attestations for locations in Alaska. |
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| 655.541 |
Withdrawal of accepted attestations for locations in Alaska. |
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| 655.550 |
Public access. |
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| 655.600 |
Enforcement authority of Administrator, Wage and Hour Division. |
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| 655.605 |
Complaints and investigative procedures. |
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| 655.610 |
Automated vessel exception to prohibition on utilization of alien crewmember(s) to perform longshore activity(ies) at a U.S. port. |
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| 655.615 |
Cease and desist order. |
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| 655.620 |
Civil money penalties and other remedies. |
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| 655.625 |
Written notice, service and Federal Register publication of Administrator's determination. |
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| 655.630 |
Request for hearing. |
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| 655.635 |
Rules of practice for administrative law judge proceedings. |
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| 655.640 |
Service and computation of time. |
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| 655.645 |
Administrative law judge proceedings. |
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| 655.650 |
Decision and order of administrative law judge. |
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| 655.655 |
Secretary's review of administrative law judge's decision. |
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| 655.660 |
Administrative record. |
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| 655.665 |
Notice to the Attorney General and the Employment and Training Administration. |
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| 655.670 |
Federal Register notice of determination of prevailing practice. |
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| 655.675 |
Non-applicability of the Equal Access to Justice Act. |
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| 655.700 |
What statutory provisions govern the employment of H-1B and H-1B1 nonimmigrants and how do employers apply for an H-1B or H-1B1 visa? |
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| 655.705 |
What federal agencies are involved in the H-1B program, and what are the responsibilities of those agencies and of employers? |
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| 655.710 |
What is the procedure for filing a complaint? |
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| 655.715 |
Definitions. |
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| 655.720 |
Where are labor condition applications to be filed and processed? |
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| 655.721 |
What are the addresses of the ETA regional offices which handle matters other than processing LCAs? |
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| 655.730 |
What is the process for filing a labor condition application? |
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| 655.731 |
What is the first LCA requirement, regarding wages? |
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| 655.732 |
What is the second LCA requirement, regarding working conditions?
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| 655.733 |
What is the third LCA requirement, regarding strikes and lockouts?
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| 655.734 |
What is the fourth LCA requirement, regarding notice?
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| 655.735 |
What are the special provisions for short-term placement of H-1B nonimmigrants at place(s) of employment outside the area(s) of intended employment listed on the LCA? |
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| 655.736 |
What are H-1B-dependent employers and willful violators?
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| 655.737 |
What are ``exempt'' H-1B nonimmigrants, and how does their employment affect the additional attestation obligations of H-1B-dependent employers and willful violator employers? |
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| 655.738 |
What are the ``non-displacement of U.S. workers'' obligations that apply to H-1B-dependent employers and willful violators, and how do they operate? |
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| 655.739 |
What is the ``recruitment of U.S. workers'' obligation that applies to H-1B-dependent employers and willful violators, and how does it operate? |
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| 655.740 |
What actions are taken on labor condition applications?
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| 655.750 |
What is the validity period of the labor condition application?
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| 655.760 |
What records are to be made available to the public, and what records are to be retained?
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| 655.800 |
Who will enforce the LCAs and how will they be enforced? |
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| 655.801 |
What protection do employees have from retaliation? |
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| 655.805 |
What violations may the Administrator investigate?
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| 655.806 |
Who may file a complaint and how is it processed? |
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| 655.807 |
How may someone who is not an ``aggrieved party'' allege violations, and how will those allegations be processed? |
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| 655.808 |
Under what circumstances may random investigations be conducted? |
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| 655.810 |
What remedies may be ordered if violations are found? |
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| 655.815 |
What are the requirements for the Administrator's determination? |
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| 655.820 |
How is a hearing requested?
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| 655.825 |
What rules of practice apply to the hearing?
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| 655.830 |
What rules apply to service of pleadings?
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| 655.835 |
How will the administrative law judge conduct the proceeding?
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| 655.840 |
What are the requirements for a decision and order of the administrative law judge? |
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| 655.845 |
What rules apply to appeal of the decision of the administrative law judge? |
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| 655.850 |
Who has custody of the administrative record?
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| 655.855 |
What notice shall be given to the Employment and Training Administration and the Attorney General of the decision regarding violations? |
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| 655.900 |
Purpose, procedure and applicability of subparts J and K of this part. |
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| 655.910 |
Overview of process. |
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| 655.920 |
Definitions. |
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| 655.930 |
Addresses of Department of Labor regional offices. |
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| 655.940 |
Employer attestations. |
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| 655.950 |
Public access. |
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| 655.1000 |
Enforcement authority of Administrator, Wage and Hour Division. |
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| 655.1005 |
Complaints and investigative procedures. |
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| 655.1010 |
Remedies. |
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| 655.1015 |
Written notice and service of Administrator's determination. |
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| 655.1020 |
Request for hearing. |
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| 655.1025 |
Rules of practice for administrative law judge proceedings. |
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| 655.1030 |
Service and computation of time. |
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| 655.1035 |
Administrative law judge proceedings. |
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| 655.1040 |
Decision and order of administrative law judge. |
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| 655.1045 |
Secretary's review of administrative law judge's decision. |
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| 655.1050 |
Administrative record. |
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| 655.1055 |
Notice to the Employment and Training Administration (ETA) and the Attorney General (AG). |
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| 655.1060 |
Non-applicability of the Equal Access to Justice Act. |
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| 655.1100 |
What are the purposes, procedures and applicability of these regulations in subparts L and M of this part? |
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| 655.1101 |
What are the responsibilities of the government agencies and the facilities that participate in the H-1C program? |
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| 655.1102 |
What are the definitions of terms that are used in these regulations? |
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| 655.1110 |
What requirements does the NRDAA impose in the filing of an Attestation? |
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| 655.1111 |
Element I--What hospitals are eligible to participate in the H-1C program? |
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| 655.1112 |
Element II--What does ``no adverse effect on wages and working conditions'' mean? |
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| 655.1113 |
Element III--What does ``facility wage rate'' mean? |
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| 655.1114 |
Element IV--What are the timely and significant steps an H-1C employer must take to recruit and retain U.S. nurses? |
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| 655.1115 |
Element V--What does ``no strike/lockout or layoff'' mean? |
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| 655.1116 |
Element VI--What notification must facilities provide to registered nurses? |
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| 655.1117 |
Element VII--What are the limitations as to the number of H-1C nonimmigrants that a facility may employ? |
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| 655.1118 |
Element VIII--What are the limitations as to where the H-1C nonimmigrant may be employed? |
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| 655.1130 |
What criteria does the Department use to determine whether or not to certify an Attestation? |
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| 655.1132 |
When will the Department suspend or invalidate an approved Attestation? |
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| 655.1135 |
What appeals procedures are available concerning ETA's actions on a facility's Attestation? |
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| 655.1150 |
What materials must be available to the public? |
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| 655.1200 |
What enforcement authority does the Department have with respect to a facility's H-1C Attestations? |
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| 655.1205 |
What is the Administrator's responsibility with respect to complaints and investigations? |
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| 655.1210 |
What penalties and other remedies may the Administrator impose? |
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| 655.1215 |
How are the Administrator's investigation findings issued? |
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| 655.1220 |
Who can appeal the Administrator's findings and what is the process? |
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| 655.1225 |
What are the rules of practice before an ALJ? |
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| 655.1230 |
What time limits are imposed in ALJ proceedings? |
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| 655.1235 |
What are the ALJ proceedings? |
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| 655.1240 |
When and how does an ALJ issue a decision? |
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| 655.1245 |
Who can appeal the ALJ's decision and what is the process? |
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| 655.1250 |
Who is the official record keeper for these administrative appeals? |
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| 655.1255 |
What are the procedures for debarment of a facility based on a finding of violation? |
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| 655.1260 |
Can Equal Access to Justice Act attorney fees be awarded? |