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DOL implements new rule changes on the H-2B Process - (7/2/2009)
State Workforce Agencies will no longer be involved in the first step of processing the H-2B applications. We believe these rules actually makes it harder for workers to apply for a job.
The employer must now file a Form 9141 to get a prevailing wage determination from the National Processing Center in Chicago, Illinois.
No longer is the employer required to notify the unions during the recruiting period. All that is required now is to post an advertisement on the State Workforce Agency website for a minimum of 10 days and 3 advertisements, which one ad has to be in a Sunday newspaper. The SWA used to determine which paper the advertisement had to go in. Now the employer can make that determination.
After the employer does completes it recruiting requirements, they file the Form 9142 H-2B application (replaces the Form 750a). The employer only has to file an attestation and keep the records for three years for future audits or investigations demonstrating their compliance with the laws and rules.
One of the good things that happened in the new rules is the DOL now has the authority to conduct random audits and also investigate complaints that employers have committed fraud.
The rules are complicated and long. Please review the attachment that has been converted from the Federal Register to a pdf. This makes it easier to read than the Federal Register.
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