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Content Last Revised: 04/01/2005 |
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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Employees' Benefits |
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| Employment and Training Administration, Department of Labor |
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| Labor Certification Process for Permanent Employment of Aliens In the United States |
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| Labor Certification Process |
20 CFR 656.19 - Live-in household domestic service workers.
- Section Number: 656.19
- Section Name: Live-in household domestic service workers.
(a) Processing. Applications on behalf of live-in household domestic
service occupations are processed pursuant to the requirements of the
basic process at Sec. 656.17.
(b) Required documentation. Employers filing applications on behalf
of live-in household domestic service workers must provide, in event of
an audit, the following documentation:
(1) A statement describing the household living accommodations,
including the following:
(i) Whether the residence is a house or apartment;
(ii) The number of rooms in the residence;
(iii) The number of adults and children, and ages of the children,
residing in the household; and
(iv) That free board and a private room not shared with any other
person will be provided to the alien.
(2) Two copies of the employment contract, each signed and dated
prior to the filing of the application by both the employer and the
alien (not by their attorneys or agents). The contract must clearly
state:
(i) The wages to be paid on an hourly and weekly basis;
(ii) Total hours of employment per week, and exact hours of daily
employment;
(iii) That the alien is free to leave the employer's premises during
all non-work hours except the alien may work overtime if paid for the
overtime at no less than the legally required hourly rate;
(iv) That the alien will reside on the employer's premises;
(v) Complete details of the duties to be performed by the alien;
(vi) The total amount of any money to be advanced by the employer
with details of specific items, and the terms of repayment by the alien
of any such advance by the employer;
(vii) That in no event may the alien be required to give more than
two weeks' notice of intent to leave the employment contracted for and
the employer must give the alien at least two weeks' notice before
terminating employment;
(viii) That a duplicate contract has been furnished to the alien;
(ix) That a private room and board will be provided at no cost to
the worker; and
(x) Any other agreement or conditions not specified on the
Application for Permanent Employment Certification form.
(3) Documentation of the alien's paid experience in the form of
statements from past or present employers setting forth the dates (month
and year) employment started and ended, hours of work per day, number of
days worked per week, place where the alien worked, detailed statement
of duties performed on the job, equipment and appliances used, and the
amount of wages paid per week or month. The total paid experience must
be equal to one full year's employment on a full-time basis. For
example, two year's experience working half-days is the equivalent of
one year's full time experience. Time spent in a household domestic
service training course can not be included in the required one year of
paid experience. Each statement must contain the name and address of the
person who signed it and show the date on which the statement was
signed. A statement not in English shall be accompanied by a written
translation into English certified by the translator as to the accuracy
of the translation,
[[Page 700]]
and as to the translator's competency to translate.
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