The H-2B program’s underlying premise is that before an H2B application can be approved, employers are obliged to a) establish terms and conditions of the job which are not unduly restrictive and deter recruitment of US workers; b) pay market-based wages which do not undercut the domestic labor market in the geographic area and c) aggressively recruit and hire US workers. These obligations are set by law and regulation with one purpose: to compel H-2B employers to identify and hire qualified US workers as a condition of the program.
Employers must follow strict and supervised recruitment efforts before they are permitted to hire an H-2B worker. Employers must accept prospective worker referrals from their State Workforce Agency (SWA). Newspaper advertising is mandatory. The SWA keeps a record of these applicants and DOL demands to know the disposition of every applicant and referral prior to certifying a position available for an H-2B worker. Listed below are examples of places where any interested U.S. worker can apply for any H2B job,* regardless of location.
