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are required to maintain documentation to meet their burden of proof with respect to
the validity of the statements made in their Labor Condition Application (LCA) and the
accuracy of the information provided. See 20 CFR 655.760 for regulations for employers
of H-1B and H-1B1 classified specialty/professional nonimmigrant foreign workers.
H-2B Visa Program. Employers of temporary nonagricultural workers under
the H-2B visa program are not subject to any post entry (H-2B) program specific
recordkeeping/posting/notice requirements; however, the recordkeeping/posting/
notice requirements of any other laws applicable from DOL to the employment would
apply. 10

❱❱ APPLICABLE INA LAWS AND REGULATIONS

The U.S. Department of Labor’s Web site explains

20 CFR Part 655. Regulations implementing the INA regarding the temporary
employment of aliens in the United States. Interim Final Rule, 20 CFR Part 655 Subparts
H and I (PDF): Interim Final Rule implementing DOL’s responsibilities regarding H-1B1
visas for professionals from Chile and Singapore.
29 CFR Part 501. Regulations implementing the INA regarding the enforcement of
contractual obligations applicable to the temporary employment of foreign and other
workers employed in agriculture. 11

CHAPTER 9 • Roundup of Additional Legal Issues, Procedures, and Obligations 127