Countries designated for H-2B visas:
Argentina;
Australia;
Belize;
Brazil;
Bulgaria;
Canada;
Chile;
Costa Rica;
Dominican Republic;
El Salvador;
Guatemala;
Honduras;
Indonesia;
Israel;
Jamaica;
Japan;
Mexico;
Moldova;
New Zealand;
Peru;
Philippines;
Poland;
Romania;
South Africa;
South Korea;
Turkey;
Ukraine;
United Kingdom.
www.cundyandmartin.com
Minnesota Immigration Lawyers
Friday, February 13, 2009
Thursday, February 5, 2009
New H-2B Regulations and Rules
On December 19, 2008, the Office of the Federal Register published the Final
Rule on H-2B Temporary Non-agricultural Employment. The Final Rule takes
effect January 18, 2009. Certain aspects of the Final Rule will allow for a
transition period.
There are no changes for applications filed before January 18, 2009. The
Washington State Employment Security Department (ESD) continues to process
active H-2B applications.
What's new after January 18, 2009? Employers will complete recruitment
before submitting the H-2B application, ETA Form 9142, to the Department of
Labor's National Processing Center (NPC).
Prevailing Wage Determination (PWD):
• Before starting recruitment, employers must obtain a PWD.
• If workers are needed before October 1, 2009, submit a prevailing wage
request to ESD using the state's current prevailing wage request form.
• If workers are needed after October 1, 2009, submit a prevailing wage
request to the NPC using ETA Form 9141.
Job order:
• Employers should submit an acceptable job order to ESD to post for 30
days. The job order should not be posted more that 120 days before
workers are needed.
• Employer must provide NPC with documentation of the State Workforce
Agency job order.
Referrals:
• ESD verifies employment eligibility of all referrals from the job order using
the 1-9 form.
• Referrals made by ESD will be from a local WorkSource center in the
areas of intended employment.
Recruitment:
While the job order is open, the employer will publish a local newspaper
advertisement that meets all requirements, on two separate days,
including a Sunday.
• If party to a collective bargaining agreement, the employer should contact
the local union as a recruitment source.
Recruitment report:
• Employer should prepare, sign and date a written recruitment report that
meets all requirements and submit it to NPC with the application.
Rule on H-2B Temporary Non-agricultural Employment. The Final Rule takes
effect January 18, 2009. Certain aspects of the Final Rule will allow for a
transition period.
There are no changes for applications filed before January 18, 2009. The
Washington State Employment Security Department (ESD) continues to process
active H-2B applications.
What's new after January 18, 2009? Employers will complete recruitment
before submitting the H-2B application, ETA Form 9142, to the Department of
Labor's National Processing Center (NPC).
Prevailing Wage Determination (PWD):
• Before starting recruitment, employers must obtain a PWD.
• If workers are needed before October 1, 2009, submit a prevailing wage
request to ESD using the state's current prevailing wage request form.
• If workers are needed after October 1, 2009, submit a prevailing wage
request to the NPC using ETA Form 9141.
Job order:
• Employers should submit an acceptable job order to ESD to post for 30
days. The job order should not be posted more that 120 days before
workers are needed.
• Employer must provide NPC with documentation of the State Workforce
Agency job order.
Referrals:
• ESD verifies employment eligibility of all referrals from the job order using
the 1-9 form.
• Referrals made by ESD will be from a local WorkSource center in the
areas of intended employment.
Recruitment:
While the job order is open, the employer will publish a local newspaper
advertisement that meets all requirements, on two separate days,
including a Sunday.
• If party to a collective bargaining agreement, the employer should contact
the local union as a recruitment source.
Recruitment report:
• Employer should prepare, sign and date a written recruitment report that
meets all requirements and submit it to NPC with the application.
Subscribe to:
Posts (Atom)
