# 20 C.F.R. § 655.801 (2026): What protection do employees have from retaliation? > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_801 ## Section - **Citation:** 20 C.F.R. § 655.801 (2026) - **Heading:** What protection do employees have from retaliation? - **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 I: Enforcement of H-1B Labor Condition Applications and H-1B1 and E-3 Labor Attestations / § 655.801: § 655.801 What protection do employees have from retaliation? ## Text (a) No employer subject to this subpart I or subpart H of this part shall intimidate, threaten, restrain, coerce, blacklist, discharge or in any other manner discriminate against an employee (which term includes a former employee or an applicant for employment) because the employee has— (1) Disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a violation of sections 212(n) or (t) of the INA or any regulation relating to sections 212(n) or (t), including this subpart I and subpart H of this part and any pertinent regulations of DHS or the Department of Justice; or (2) Cooperated or sought to cooperate in an investigation or other proceeding concerning the employer's compliance with the requirements of sections 212(n) or (t) of the INA or any regulation relating to sections 212(n) or (t). (b) It shall be a violation of this section for any employer to engage in the conduct described in paragraph (a) of this section. Such conduct shall be subject to the penalties prescribed by sections 212(n)(2)(C)(ii) or (t)(3)(C)(ii) of the INA and § 655.810(b)(2), i.e., a fine of up to $9,624, disqualification from filing petitions under section 204 or section 214(c) of the INA for at least two years, and such further administrative remedies as the Administrator considers appropriate. (c) Pursuant to sections 212(n)(2)(C)(v) and (t)(3)(C)(v) of the INA, an H-1B nonimmigrant who has filed a complaint alleging that an employer has discriminated against the employee in violation of paragraph (a)(1) of this section may be allowed to seek other appropriate employment in the United States, provided the employee is otherwise eligible to remain and work in the United States. Such employment may not exceed the maximum period of stay authorized for a nonimmigrant classified under sections 212(n) or (t) of the INA, as applicable has discriminated against the employee in violation of paragraph (a)(1) of this section may be allowed to seek other appropriate employment in the United States, provided the employee is otherwise eligible to remain and work in the United States. Such employment may not exceed the maximum period of stay authorized for a nonimmigrant classified under sections 212(n) or (t) of the INA, as applicable. Further information concerning this provision should be sought from the United States Citizenship and Immigration Services of the Department of Homeland Security. [65 FR 80233, Dec. 20, 2000, as amended at 69 FR 68229, Nov. 23, 2004; 71 FR 35521, June 21, 2006; 81 FR 43448, July 1, 2016; 82 FR 5380, Jan. 18, 2017; 83 FR 11, Jan. 2, 2018; 84 FR 217, Jan. 23, 2019; 85 FR 2296, Jan. 15, 2020; 86 FR 2967, Jan. 14, 2021; 87 FR 2333, Jan. 14, 2022; 88 FR 2214, Jan. 13, 2023; 89 FR 1814, Jan. 11, 2024; 90 FR 1858, Jan. 10, 2025] ## Nearby sections - [20 C.F.R. § 655.800 (2026) § 655.800 Who will enforce the LCAs and how will they be enforced?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_800.md) - [20 C.F.R. § 655.801 (2026) § 655.801 What protection do employees have from retaliation?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_801.md) - [20 C.F.R. § 655.805 (2026) § 655.805 What violations may the Administrator investigate?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_805.md) - [20 C.F.R. § 655.806 (2026) § 655.806 Who may file a complaint and how is it processed?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_806.md) - [20 C.F.R. § 655.807 (2026) § 655.807 How may someone who is not an “aggrieved party” allege violations, and how will those allegations be processed?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_807.md) - [20 C.F.R. § 655.808 (2026) § 655.808 Under what circumstances may random investigations be conducted?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_808.md) - [20 C.F.R. § 655.810 (2026) § 655.810 What remedies may be ordered if violations are found?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_810.md) - [20 C.F.R. § 655.815 (2026) § 655.815 What are the requirements for the Administrator's determination?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_815.md) - [20 C.F.R. § 655.820 (2026) § 655.820 How is a hearing requested?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_820.md) - [20 C.F.R. § 655.825 (2026) § 655.825 What rules of practice apply to the hearing?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_825.md) - [20 C.F.R. § 655.830 (2026) § 655.830 What rules apply to service of pleadings?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_830.md) - [20 C.F.R. § 655.835 (2026) § 655.835 How will the administrative law judge conduct the proceeding?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_835.md) - [20 C.F.R. § 655.840 (2026) § 655.840 What are the requirements for a decision and order of the administrative law judge?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_840.md) - [20 C.F.R. § 655.845 (2026) § 655.845 What rules apply to appeal of the decision of the administrative law judge?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_845.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_801. 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