---
kind: "section"
citation: "29 C.F.R. § 501.9"
title: "29"
number: "501.9"
heading: "Enforcement of surety bond."
url: "https://uscodex.org/cfr/29/501.9"
---

# §501.9. Enforcement of surety bond.


Every H-2A labor contractor (H-2ALC) must obtain a surety bond demonstrating its ability to discharge financial obligations as set forth in [20 CFR 655.132(c)](/cfr/20/655.132.md?p=c).

- (a) Notwithstanding the required bond amounts set forth in [20 CFR 655.132(c)](/cfr/20/655.132.md?p=c), the WHD Administrator may require that an H-2ALC obtain a bond with a higher face value amount after notice and opportunity for hearing when it is shown based on objective criteria that the amount of the bond is insufficient to meet potential liabilities.
- (b) Upon a final decision reached pursuant to the administrative proceedings of [subpart C](/cfr/29/subpartC.md) of this part, including any timely appeal, or resulting from an enforcement action brought directly in a District Court of the United States finding a violation or violations of [20 CFR part 655](/cfr/20/part655.md), [subpart B](/cfr/29/subpartB.md), or this part, the WHD Administrator may make a written demand on the surety for payment of any wages and benefits, including the assessment of interest, owed to an H-2A worker, a worker engaged in corresponding employment, or a U.S. worker improperly rejected or improperly laid off or displaced. The WHD Administrator shall have 3 years from the expiration of the labor certification, including any extension thereof, to make such written demand for payment on the surety. This 3-year period for making a demand on the surety is tolled by commencement of any enforcement action of the WHD Administrator pursuant to [§ 501.6](/cfr/29/501.6.md), [§ 501.15](/cfr/29/501.15.md), or [§ 501.16](/cfr/29/501.16.md) or the commencement of any enforcement action in a District Court of the United States.

## Notes

### Authority

Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; 28 U.S.C. 2461 note; and sec. 701, Pub. L. 114-74, 129 Stat. 584.

### Source

Source: 87 FR 61822, Oct. 12, 2022, unless otherwise noted.