USADWEB can make your seasonal peak load recruitment process a much simpler one by assisting with the recruitment for your H-2B cases. Our advertising specialists will review your ads for completeness. As enumerated specifically in CFR §655.17, all H-2B advertisements must contain the following:

• Employer's name and contact information for applicant resumes to be sent directly to them
• Geographic location of the employment, to inform applicants of potential travel requirements and/or proximity of residence in order to perform the services
• If transportation to the worksite will be provided by the employer
• A description of the job with sufficient detail to apprise workers of the services to be performed over the entire period
• Minimum education and experience requirements, as well as whether or not on-the-job training is offered
• Workdays and hours, expected start and end dates of the job, and availability of overtime pay
• Range(s) of wage offers applicable throughout the certified H-2B employment period, which may not be less than the highest of the prevailing wage, state, local or federal minimum wages
• A statement that the position is temporary, along with the total openings intended to be filled by the employer

The employer must advertise on two separate days in a newspaper of general circulation in the area of intended employment, one of which must be a Sunday. The two advertisements may be consecutive, but are not required to be. As opposed to the PERM process, newspaper ads may begin to run ONLY after the SWA has begun active recruitment.

If the job opportunity is located in an area that does not have a newspaper with a Sunday edition, the employer may advertise in a regularly published daily edition of the widest circulated newspaper in the area of intended employment.

If a professional, trade, or ethnic publication is more likely to bring responses than a generally circulated newspaper, that publication may be used in place of a second newspaper advertisement. However, it may not replace the required Sunday advertisement.

At your request, our advertising specialists can place your SWA job order with the state(s) of intended employment for a minimum of 10 days, or as long as required. It is important to note that several states have implemented separate requirements for employers submitting job orders for H-2B, different from those under the PERM process. These state requirements must be adhered to in addition to the standard federal regulations.

For example, although the federal regulations state that the job order must remain active for a minimum of 10 days, New Jersey requires that a job order in connection with an H-2B application be posted for a full 30 days. Washington State gives employers an option of posting for 30 consecutive days, or posting an initial 10-day job order that the SWA will then repost 45 days prior to the date of need for an additional 15 days. This latter method is referred to on their submission form as "Option 10/15."

The Federal Department of Labor (DOL) stipulates that the employer must continue to accept referrals for as long as the individual state agency requires.

New Jersey and Washington, as well as other states like Delaware, Iowa, Ohio, and Rhode Island, require employers to submit H-2B job orders through separate online forms, different from those used for conventional SWA job orders. Additionally, the New York State Department of Labor uses a different email address for submission. Meanwhile, the Oklahoma SWA sends a designated H-2B form to the employer together with the prevailing wage determination.

Failure to follow the additional state guidelines can cause delays in your case, or potentially result in a denial of certification. Please consult the appropriate SWA to ensure that you comply with their submission requirements. Your ad representative will advise you of any special requirements they have encountered.