Understanding H-2B Program Recruiting Requirements

The JTP Agency
November 15, 2023

The H-2B program provides a crucial pathway for employers to secure temporary non-agricultural workers. Understanding the intricate recruiting requirements is essential for a smooth process. In this blog post, we'll outline the key guidelines from the Department of Labor

Department of Labor's H-2B Program Requirements

The Department of Labor Appropriations Act, 2016, Division H, Title I of Public Law 114-113, lays down significant directives regarding the enforcement of certain definitions and rules in the H-2B program. While funds are currently restricted for enforcing specific provisions, it's crucial to note that these regulations remain in effect, placing a legal duty on H-2B employers.

Employers seeking H-2B certification must adhere to the recruiting requirements outlined in 20 CFR §§ 655.40 - 655.48. These requirements encompass:

  • Conducting Recruitment: Employers must ensure there are no qualified U.S. workers available for the position listed in the application. This recruitment must be completed within 14 calendar days from the date the Notice of Acceptance is issued. Employers must accept and hire any qualified and available U.S. applicants, rejecting them only for lawful, job-related reasons.

  • U.S. Worker Referrals: The Office of Foreign Labor Certification (OFLC) and State Workforce Agencies (SWAs) play pivotal roles in maintaining job postings and referring U.S. applicants to employers.

  • Interviewing U.S. Workers: Employers, if they choose to require interviews, must conduct them by phone or in a location convenient for the worker, incurring minimal or no cost to them. No preferential treatment can be given to potential H-2B workers.

  • Recruitment Report: Employers are required to prepare a comprehensive recruitment report, detailing outcomes of recruitment activities. This report includes the names and contact information of all U.S. applicants, along with offer status and lawful, job-related reasons for any rejections. It must be submitted to the OFLC, Employment and Training Administration.

The JTP Agency: Your Trusted Partner in H-2B Visa Recruitment

The JTP Agency showcases a team with over 18 years of experience in the H-2B Visa field. Our expertise lies in assisting employers in finding the right workers for their organizations. With a variety of selection methods, including seasonal recruitment trips and video/phone interviews, The JTP Agency provides seamless solutions tailored to your needs.

What sets them apart is their status as a US-based Recruiter, with offices in Sarasota, Florida. This ensures that you're entrusting your recruitment needs to a company firmly rooted in the U.S. To kick start the process, simply reach out via email or phone, as provided below.




To know more about Recruiting Requirements under the H-2B Program visit: Department of Labor's Official Website (https://www.dol.gov/)