Overview

The H-2B nonimmigrant program allows employers to recruit foreign workers for temporary nonagricultural roles, catering to one-time, seasonal, peak load, or intermittent needs.

Here’s a step-by-step guide:

• Obtain a prevailing wage (either from the SWA during the transition period or the Chicago NPC post-transition) before newspaper advertising.
• After acquiring a prevailing wage, forward a job order to the SWA serving the employment area and then place two print ads. One should ideally be on a Sunday, barring the absence of a Sunday edition.
• Job orders must not exceed 120 days before the employment start date.
• During the job order's 10-day display, employers should advertise the job for 3 consecutive days in a general newspaper or a suitable professional/trade/ethnic publication.

• Identify the employer and direct applicants to the SWA.
• Detailed job description, work schedule, pay rate, and employment duration.
• Specify the minimum job requirements.
• Ensure terms, conditions, and wages are fair.
• Declare the total number of job openings.

• Document outreach to unions and other relevant sources.
• Provide the SWA with proof of the ad's publication.
• Compile a detailed recruitment report (post ad dates).
• Start recruitment activities only within 120 days of the job’s start date.
• Understand that while there's no definitive application submission deadline, certain timelines, such as the earliest recruitment start date and the minimum time before a Recruitment Report can be crafted, are set in stone.

Although evidence like newspaper tear sheets isn’t mandatory with the Application for Temporary Employment Certification, employers must keep records, such as publication dates and ad texts, for a 3-year period post-certification. This could be crucial for any audits, further inquiries, or investigations.