H-2B Job Order

Program Overview

In order to issue an H-2B certification to an employer, the U.S. Department of Labor (Department) must determine that:

To participate in the H-2B program, an applicant must:

The employer's job opportunity (opportunities) must be:

The H-2B temporary non-agricultural program permits employers who meet the program requirements to hire nonimmigrant workers to temporarily come to the U.S. and perform non-agricultural services or labor based on the employer's temporary need. The employer applicant must establish that its need for non-agricultural services or labor is temporary in nature, regardless of whether the underlying job is permanent or temporary.

Temporary need must be established as one of the following:

• 1.One-time occurrence;
• 2.Seasonal need;
• 3.Peakload need; or
• 4.Intermittent need.

How and When to Apply

Prior to filing a petition with DHS' U.S. Citizenship and Immigration Services (USCIS), an employer must obtain an approved temporary labor certification from the Department:

New Applicants

1.Register - 150-120 calendar days before the date of need will be required. ( The Registration process is currently not operational - no Form ETA-9155 is needed at this time. OFLC will announce in the Federal Register a separate transition period for the registration process, and until that time, will continue to adjudicate temporary need during the processing of applications )

2.Obtain a Prevailing Wage Determination (PWD) - at least 60 calendar days before it is needed. Obtain a PWD from the National Prevailing Wage Center (NPWC) using the Application for Prevailing Wage Determination (Form ETA-9141). The PWD application is available for electronic filing on the FLAG System and filing by mail.

3.File a job order and H-2B application - 90 to 75 days prior to the date of need. File a job order with the State Workforce Agency (SWA) AND submit the H-2B application (Form ETA-9142B and Appendices) with supporting documents and a copy of the job order filed with the SWA to the Chicago National Processing Center (Chicago NPC).

Submitting a Completed Job Order

A completed job order must be submitted to the State Workforce Agency (SWA) at the same time the employer submits the H-2B application and a copy of the job order to the Chicago National Processing Center (NPC). 20 CFR § 655.16. The job order must offer U.S. workers no less than the same benefits, wages, and working conditions that the employer is offering, intends to offer, or will provide to H-2B workers. Each job qualification and requirement must be bona fide, disclosed in the job order, and consistent with the normal and accepted qualifications and requirements imposed by non-H-2B employers in the same occupation and area of intended employment.

Job Order must be created by the employer and emailed to the Foreign Labor Certification Department at IndianaFLC@dwd.IN.gov

Enter the job order in the state job bank system Indiana Career Connect. Please contact a member of the DWD Business Services team for assistance.

The employer must also continue to accept referrals of U.S. applicants until 21 days before the date of need.

Within seven business days of receipt of the application, the Chicago NPC will notify the employer in writing of the decision to either accept (Notice of Acceptance) or not accept (Notice of Deficiency) the employer's application and/or job order.

Job Order Processing Details

Within 14 calendar days from the Notice of Acceptance is issued, the employer must follow the instructions provided in the Notice of Acceptance and conduct recruitment, including;

• Place job advertisements (digital or print) containing all the required information outlined in 20 CFR 655.41;
• A Notice of Deficiency identifies the deficiencies found by the SWA and Chicago NPC and provides the employer the opportunity to address those deficiencies with the application and/or job order.
• Each notification will also provide the next steps for the employer to take.
• Contacting the bargaining representative (if any) or posting notice of the job opportunity to the employer's current employees; and
• Conducting any additional recruitment, if directed by the Certifying Officer.