![]() 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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