# 20 C.F.R. § 655.1115 (2026): Element V—What does “no strike/lockout or layoff” mean? > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1115 ## Section - **Citation:** 20 C.F.R. § 655.1115 (2026) - **Heading:** Element V—What does “no strike/lockout or layoff” mean? - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 20 CFR: Employees' Benefits / Chapter V: EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR / Part 655: TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES / Subpart L: What Requirements Must a Facility Meet to Employ H-1C Nonimmigrant Workers as Registered Nurses? / § 655.1115: § 655.1115 Element V—What does “no strike/lockout or layoff” mean? ## Text (a) The fifth attestation element requires that the facility attest that “there is not a strike or lockout in the course of a labor dispute, the facility did not lay off and will not lay off a registered nurse employed by the facility within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition, and the employment of such an alien is not intended or designated to influence an election for a bargaining representative for registered nurses of the facility.” Labor disputes for purposes of this attestation element relate only to those involving nurses providing nursing services; other health service occupations are not included. A facility which has filed a petition for H-1C nurses is also prohibited from interfering with the right of the nonimmigrant to join or organize a union. (b) Notice of strike or lockout. In order to remain in compliance with the no strike or lockout portion of this attestation element, the facility must notify ETA if a strike or lockout of nurses at the facility occurs during the 1 year validity period of the attestation. Within 3 days of the occurrence of such strike or lockout, the facility must submit to the Administrator, Office of Foreign Labor Certification, Employment and Training Administration, Department of Labor, 200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210, by U.S. mail or private carrier, written notice of the strike or lockout. Upon receiving a notice described in this section from a facility, ETA will examine the documentation, and may consult with the union at the facility or other appropriate entities. If ETA determines that the strike or lockout is covered under USCIS regulation 8 CFR 214.2(h)(17), Effect of a strike , for “H” nonimmigrants, ETA must certify to USCIS, in the manner set forth in that regulation, that a strike or other labor dispute involving a work stoppage of nurses is in progress at the facility. on, and may consult with the union at the facility or other appropriate entities. If ETA determines that the strike or lockout is covered under USCIS regulation 8 CFR 214.2(h)(17), Effect of a strike , for “H” nonimmigrants, ETA must certify to USCIS, in the manner set forth in that regulation, that a strike or other labor dispute involving a work stoppage of nurses is in progress at the facility. (c) Lay off of a U.S. nurse means that the employer has caused the nurse's loss of employment in circumstances other than where— (1) A U.S. nurse has been discharged for inadequate performance, violation of workplace rules, or other reasonable work-related cause; (2) A U.S. nurse's departure or retirement is voluntary (to be assessed in light of the totality of the circumstances, under established principles concerning “constructive discharge” of workers who are pressured to leave employment); (3) The grant or contract under which the work performed by the U.S. nurse is required and funded has expired, and without such grant or contract the nurse would not continue to be employed because there is no alternative funding or need for the position; or (4) A U.S. nurse who loses employment is offered, as an alternative to such loss, a similar employment opportunity with the same employer. The validity of the offer of a similar employment opportunity will be assessed in light of the following factors: (i) The offer is a bona fide offer, rather than an offer designed to induce the U.S. nurse to refuse or an offer made with the expectation that the worker will refuse; (ii) The offered job provides the U.S. nurse an opportunity similar to that provided in the job from which he/she is discharged, in terms such as a similar level of authority, discretion, and responsibility, a similar opportunity for advancement within the organization, and similar tenure and work scheduling; e U.S. nurse to refuse or an offer made with the expectation that the worker will refuse; (ii) The offered job provides the U.S. nurse an opportunity similar to that provided in the job from which he/she is discharged, in terms such as a similar level of authority, discretion, and responsibility, a similar opportunity for advancement within the organization, and similar tenure and work scheduling; (iii) The offered job provides the U.S. nurse equivalent or higher compensation and benefits to those provided in the job from which he/she is discharged. (d) Documentation. The facility must include in its public access file, copies of all notices of strikes or other labor disputes involving a work stoppage of nurses at the facility (submitted to ETA under paragraph (b) of this section). The facility must retain in its non-public files, and make available in the event of an enforcement action pursuant to subpart M of this part, any existing documentation with respect to the departure of each U.S. nurse who left his/her employment with the facility in the period from 90 days before until 90 days after the facility's petition for H-1C nurse(s). The facility is also required to have a record of the terms of any offer of alternative employment to such a U.S. nurse and the nurse's response to the offer (which may be a note to the file or other record of the nurse's response), and to make such record available in the event of an enforcement action pursuant to subpart M. [65 FR 51149, Aug. 22, 2000, as amended at 75 FR 10405, Mar. 5, 2010] ## Nearby sections - [20 C.F.R. § 655.1100 (2026) § 655.1100 What are the purposes, procedures and applicability of these regulations in subparts L and M of this part?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1100.md) - [20 C.F.R. § 655.1101 (2026) § 655.1101 What are the responsibilities of the government agencies and the facilities that participate in the H-1C program?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1101.md) - [20 C.F.R. § 655.1102 (2026) § 655.1102 What are the definitions of terms that are used in these regulations?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1102.md) - [20 C.F.R. § 655.1110 (2026) § 655.1110 What requirements are imposed in the filing of an attestation?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1110.md) - [20 C.F.R. § 655.1111 (2026) § 655.1111 Element I—What hospitals are eligible to participate in the H-1C program?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1111.md) - [20 C.F.R. § 655.1112 (2026) § 655.1112 Element II—What does “no adverse effect on wages and working conditions” mean?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1112.md) - [20 C.F.R. § 655.1113 (2026) § 655.1113 Element III—What does “facility wage rate” mean?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1113.md) - [20 C.F.R. § 655.1114 (2026) § 655.1114 Element IV—What are the timely and significant steps an H-1C employer must take to recruit and retain U.S. nurses?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1114.md) - [20 C.F.R. § 655.1115 (2026) § 655.1115 Element V—What does “no strike/lockout or layoff” mean?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1115.md) - [20 C.F.R. § 655.1116 (2026) § 655.1116 Element VI—What notification must facilities provide to registered nurses?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1116.md) - [20 C.F.R. § 655.1117 (2026) § 655.1117 Element VII—What are the limitations as to the number of H-1C nonimmigrants that a facility may employ?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1117.md) - [20 C.F.R. § 655.1118 (2026) § 655.1118 Element VIII—What are the limitations as to where the H-1C nonimmigrant may be employed?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1118.md) - [20 C.F.R. § 655.1130 (2026) § 655.1130 What criteria does the Department use to determine whether or not to certify an Attestation?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1130.md) - [20 C.F.R. § 655.1132 (2026) § 655.1132 When will the Department suspend or invalidate an approved Attestation?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1132.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1115. Check the current official text before relying on it. Not legal advice.