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.
- 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.
- 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.
- 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.
- Employer should prepare, sign and date a written recruitment report that meets all requirements and submit it to NPC with the application.