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Filing H-2B Applications08-05-13 | News

Filing H-2B Applications

In order to take part in the H-2B program, an employer must establish that there are not enough U.S. workers who are able, willing, qualified, and available to do the work, that the employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers, and that the need for the prospective workers' services or labor is temporary.

After identifying a need to hire foreign workers to fill job vacancies and verifying that the vacancy qualifies for the H-2B program, it is the employers' responsibility to fill out and submit the required applications. Doing so correctly and efficiently helps ensure the approval of the request. Here are some timesaving tips to help with the process.

One of the first steps to take, as recommended by the Office of Foreign Labor, is to obtain a prevailing wage determination (PWD). This is accomplished by submitting an Application for Prevailing Wage Determination (ETA Form 9141) to the National Prevailing Wage Center.

The job order has to be submitted to the State Workforce Agency serving the area of intended employment. This can be done no more than 120 calendar days before the date of need.

Employers have to publish two print ads, one of which must be on a Sunday, during the period of time the job order is open and available for recruitment purposes, which has to be a minimum of 10 days.

Before foreign workers can he hired, all able, willing, and qualified U.S. workers who apply or are referred to the job opportunity have to be hired.

If the prospective positions are subject to a Collective Bargaining Agreement, employers must contact the local union as a recruitment source for able, willing, qualified, and available U.S. workers.

Where information cannot legibly be written on the face of the form, begin entering the information on the form and indicate, "see attached." Then, clearly label all applicable attachments, reflecting the proper item numbers to which they correspond. It is recommended that the forms contain limited cross outs and ink changes, and no white-out corrections.

It is mandatory that the employer signs and dates the recruitment report, not an authorized representative. All pre-filing recruitment documentation must be retained for at least three years from the date of certification.

To help with faster communication, it is recommended that an e-mail address is included.

H-2B applications can be filed either electronically or through the mail but only one method of submission can be used. Duplicate applications will be rejected.

With over 40 percent of the certified worker positions being granted to the landscape sector in 2013, the H-2B program continues to play an important role in that industry.