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H-2B: Temporary Non-Agricultural Employment Job Orders

NOTICE TO EMPLOYERS PLACING A JOB ORDER REQUEST IN CONNECTION WITH A H-2B LABOR CERTIFICATION FILING

On April 26, 2012, the H-2B Final Rule, which was to have taken effect April 23, 2012 (published at 77 FR 10038, Feb. 21, 2012), was preliminarily enjoined by the Florida U.S. District Court. Therefore, until further notice, employers will continue to file job orders under the 2008 Final Rule (73 FR 49109). The 2008 Rule requires employers to post a job order with the state workforce agency no more than 120 days before the date of need, and for a minimum of 10 days before submitting an H-2B application to the Department of Labor. The prior 30 day or 10 + 15 day duration options are suspended, as Washington State Employment Security Department has already adopted a modified online H-2B job order request form to comply with the 2012 Final Rule. Domestic H-2B job orders will close after 10 days unless you notify the Foreign Labor Certification Unit at (360) 407-1361 to continue recruitment. Employers are encouraged, but not required, to provide job description elements b through j on the electronic request form.

Program Change Notice

Federal and state H-2B application and job order processes have changed for new applications received starting April 23, 2012. The Washington State Employment Security Department (ESD) continues to process active H-2B applications.

What's new beginning April 23, 2012?

Employers (not requesting a one-time use of H-2B) must simultaneously submit an ETA Form 9142, to the Department of Labor's (DOL) Chicago National Processing Center (CNPC), and a job order request to the Employment Security Department between 90 and 75 days before the date of need (start of work). However, before a job order request may be submitted, the employer must first obtain a prevailing wage determination from the Department of Labor(DOL). Submit a prevailing wage request to the CNPC using ETA Form 9141.

How to Open a Washington State H-2B Job Order:

Complete and submit this job order form (effective April 23, 2012).

Note:

  • The job order will be opened when ESD is notified by DOL’s Chicago National Processing Center that the application and job order have been accepted.
  • The job order will close 21 days before the date of need.

Referrals:

Referrals may be either self-referrals or staff-screened referrals and may originate in Washington State or in other states where the job opportunity must be posted according to DOL instructions.

  • Self-referrals - job applicants who discover your job opportunity posted on the public WorkSource website may refer themselves and call the employer for an interview.
  • WorkSource and other State Agency referrals - staff endeavor to screen interested job seekers according to all qualifications and the individual’s agreement with all terms and conditions of employment.

Other recruitment:

  • The employer must publish a local newspaper advertisement that meets all requirements, on two separate days, including a Sunday.
  • The employer must attempt to recruit former U.S. employees.
  • If party to a collective bargaining agreement, the employer must contact the local union as a recruitment source.

Recruitment report:

The employer must prepare, sign and date an initial and final recruitment report listing each job applicant and the disposition and submit it as directed by the CNPC. See http://www.foreignlaborcert.doleta.gov/ for instructions.

Important Note:

H-2B requires that the employer hire any qualified U.S. applicant who is willing to abide by all the terms and conditions of employment. All applicant inquiries must be documented. During the mandatory recruitment period, the employer may reject a U.S. worker only for a lawful, job-related reason.

View the 2012 Final Rule http://www.foreignlaborcert.doleta.gov/pdf/final_rule_2012-3058.pdf

Inquiries regarding federal changes

Questions regarding changes to the federal regulations must be submitted directly to the U.S. Department of Labor at H-2B.Requlation@dol.gov.

Inquiries regarding state changes

Questions regarding changes to the Washington state H-2B application process can be addressed to Daniel Valdez at 360-407-1361 or dvaldez@esd.wa.gov.

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