H-2B Non-Agricultural Program
Preparing the Job Order – General Requirements
- A completed job order must be submitted to the SWA at the same time the employer submits the H-2B application
- Employer must inform the SWA that the job order is being placed in connection with a concurrent application for H-2B workers
- If the anticipated worksites are located in more than one State within the area of intended employment, the employer may submit the job order to any one of the SWAs having jurisdiction over the those worksites
Employer’s job opportunity must:
- Offer to U.S. workers no less than the same benefits, wages, and working conditions that the employer is offering, intends to offer, or will provide to H-2B workers
- Not impose on U.S. workers any restrictions or obligations that will not be imposed on H-2B workers
- Offer job qualifications and requirements that are bona fide and consistent with the normal and accepted qualifications and requirements imposed by employers that do not use H-2B workers in the same occupations and area of employment
- CO may require employers to submit documentation substantiating the appropriateness of any job qualification and/or requirement
- Many SWAs maintain job order systems that permit employers to place job orders using “self-service”, while others require “staff assistance” and use a standard job order form
- Regardless of the method, the employer must apprise the SWA or otherwise provide notification that the job order is being placed in connection with an H-2B application
- If the SWA form does not have a dedicated field to indicate “H-2B”, then provide notification using an “open text field” or when transmitting (e.g., email) the job order
- Many SWA job order systems/forms do not have dedicated fields for the required content (e.g., start/end dates of work, can only enter up to 25 openings)
- Use a free text field (e.g., job description) or contact the SWA for assistance on how to complete the job order form
- Be aware of any character size limitations that may exist in some SWA job order systems/forms, prohibiting inclusion of the necessary assurances
- Contact the SWA immediately and inquire as to what minimum language can be entered
Make sure the job order contains the minimum content requirements under 20 CFR 655.18
A job order checklist with sample language is available at:
https://www.foreignlaborcert.doleta.gov/pdf/H-2B_Job_Order_Checklist.pdf
