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Steps for Employers Applying for the H2B Guest Worker Program

Steps for Employers Applying for the H2B Guest Worker Program

If you are an Employer looking to expand your workforce for seasonal work, you may be considering applying for the H2B Guest Worker Program. The H2B Guest Worker Program is an excellent way to ensure your business has the workforce it needs for the summer work season by allowing you to hire foreign workers on temporary Work Visas. 

In this article you will learn: 

What is the H2B Guest Worker Program?

What are the Steps for Employers applying for the H2B Guest Worker Program?

Is there help for Employers applying for the H2B Guest Worker Program?

What is a H2B Guest Worker Program?

The H-2B non-immigrant program permits employers to temporarily hire non-immigrants to perform non-agricultural labor or services in the United States. 

These programs allow employers to obtain permission to hire foreign workers on temporary work Visas after engaging in recruitment in the U.S. and promising to meet certain requirements regarding recruitment, wages and/or working conditions.

What are the Steps for Employers applying for the H2B Guest Worker Program?

  1. Obtain a Prevailing Wage Determination– Film form ETA-9141 online in the Flag System at https://flag.dol.gov/ to obtain a Prevailing Wage for use with a Temporary Labor Certification application
  2. Once the Prevailing Wage Determination is received, the Employer will begin the Recruitment process by: 
  3. Placing a 10-day job order with the local State Workforce Agency (SWA). The job order can start no more than 120 days before the need. The SWA must be notified that the job order is in conjunction with an H2B filing.
  4. Placing an ad in a Newspaper of general circulation in the area of intended employment. The ad must run for a minimum of 2 days- One must run on a Sunday and one must run during the period of the SWA job order.
  5. The employer must contact all applicants.
  6. Prepare a Recruitment Report– The Recruitment Report cannot be completed earlier than 2 days after the end of the SWA job order or 5 days after the last newspaper ad.
  7. Prepare ETA-9142
  8. Submit ETA-9142 and Recruitment Report to the DOL National Processing Center 
  9. Prepare Audit File retaining copies of all documentation Supporting the ETA-9142

Note: The H2B Certification is valid for up to 364 days. The Employer must demonstrate that the need for the foreign Employee is truly temporary and seasonal and will last for less than a year. 

Is there help for Employers applying for H2B Work Visas?

Yes! We know it sounds complicated but luckily we are here to help! MG Consultants can take you step-by-step through the Employer H2B Visa process. 

At MG Corporative Consulting, we focus on helping Employers reach their workforce goals by providing options to receive the labor they need so business can thrive. 

We simplify the entire H2B Visa process for you and are dedicated to assisting you from start to finish. We even provide a Post-Visa Service and assessments to keep in compliance with the H2B program.
Contact us today and ask us to guide you through enrolling in the H2B Work Visa program as an Employer. MG Corporative Consultants have helped over 200 medium to large-sized businesses just like yours navigate the H2B Visa Guest-Worker process, helping secure over 600 Visas and providing seasonal labor support for companies since 2010.

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