20 CFR 655.51
§ 655.51 Criteria for certification.
United States · 20 CFR — Employees' Benefits · Status: effective
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- Citation
- 20 CFR 655.51, § 655.51 Criteria for certification, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/80856
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Full text
(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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.