H-2B: Temporary Non-Agricultural Employment Job Orders
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).
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.
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.
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 firstname.lastname@example.org.
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