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Changes to H-2B Applications Filed After January 18, 2009
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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 Workforce 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.


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