Code of Federal Regulations · Section
§ 655.51 — Criteria For Certification
20 C.F.R. § 655.51
(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.
Authorizing Statute
-
Immigration and transition48 U.S.C. § 1806
-
Mode of recovery28 U.S.C. § 2461
-
Inadmissible aliens8 U.S.C. § 1182
-
Limitations on performance of longshore work by alien crewmen8 U.S.C. § 1288
-
Definitions8 U.S.C. § 1101
-
Rules and regulations29 U.S.C. § 49k
-
Admission of nonimmigrants8 U.S.C. § 1184