Steps For Becoming a H-2B Employer
1. Pre-filing recruitment:
- Acquire a prevailing wage determination
2. Submit Application for Labor Certification to U.S. Department of Labor (USDOL).
Once Application is accepted by USDOL - Recruitment Activities begin:
- USDOL directs SWA to open Job Order with local State Workforce Agency (SWA).
- Employer begins accepting referrals from SWA.
- Publish employment ad
- If applicable, contact local union
- If appropriate, contact laid off workers
- Complete Summary of Recruitment Activities
- Submit addition supporting evidence if required.
3. USDOL makes Labor Certification determinations.
4. Submit Petition for Nonimmigrant Worker to U.S. Citizenship and Immigration Services (USCIS).
5. Receive approved petition from USBCIS.
6. Workers apply to U.S. Department of State (at Consulate office in workers home country).
7. Workers report to work.
- For worker obligations, click HERE.