The employer must prepare a recruitment report that details the results of required recruitment activities. Employers cannot provide potential H-2B workers with more favorable treatment with regard to such interviews. Employers that wish to require interviews must conduct those interviews by phone or provide a procedure for the interviews to be conducted in the location where the worker is being recruited so that the worker incurs little or no cost. applicants interested in the position until 21 days before the date of need. The Office of Foreign Labor Certification (OFLC) will maintain the job posting on its registry and the State Workforce Agency (SWA) will maintain the job posting and employers must continue to accept referrals of all U.S. applicants only for lawful, job-related reasons. The employer must accept and hire any applicants who are qualified and available, and may reject U.S. All employer-conducted recruitment must be completed before the employer submits the recruitment report as required in 20 CFR § 655.48. Unless otherwise instructed by the Certifying Officer (CO), the employer must conduct the recruitment described in 20 CFR §§ 655.41- 655.46 within 14 calendar days from the date the Notice of Acceptance is issued. workers available for the position listed in the Application.
(1) Employers must conduct certain recruitment to ensure that there are not qualified U.S. workers?Įmployers must meet the recruiting requirements found at 20 CFR §§ 655.40 - 655.48. What are the requirements for prospective H-2B employers to recruit U.S. An employer seeking H-2B certification by submitting an Application for Temporary Employment Certification (Application) must agree as part of the Application to comply with the following requirements. This fact sheet provides general information concerning employers’ recruiting requirements for prospective workers under the H-2B program for H-2B applications submitted on or after April 29, 2015. However, the 2016 DOL Appropriations Act and continuing resolutions did not vacate these regulatory provisions, and they remain in effect, thus imposing a legal duty on H-2B employers, even though the Department will not use any funds to enforce them until such time as the rider may be lifted This appropriations rider has been included in the continuing resolutions that have passed throughout FY2017 and FY2018, and the Department remains prohibited from enforcing these provisions or any reference thereto. The Department of Labor Appropriations Act, 2016, Division H, Title I of Public Law 114-113 ("2016 DOL Appropriations Act"), provides that the Department of Labor ("Department") may not use any funds to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20, or any reference thereto.
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