Form Wio-1057a Forpdf - H-2b Foreign Labor Swa Job Order Form Page 3
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4WIO-1057A FORPDF (2-17)
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• First Work Week Reimbursement – State that the employer will reimburse the worker in the first workweek for all visa,
border, and related fees.
• Provision of Tools, Supplies, and Equipment – State that the employer will provide all tools, supplies, and equipment
at no cost to the worker.
• 3/4th Guarantee – 20 CFR 655.20(f) contains a requirement that the employer guarantee an offer of employment for total
number of work hours equal to at least three-fourths of the workdays in each 12-week period (or each 6-week period if
the period of employment is less than 120 days). However, section 113 of the 2016 DOL Appropriations Act prohibits
the Department of Labor from expending Fiscal Year 2016 funds to enforce the three-fourths guarantee requirement.
Therefore, the CNPC and SWA cannot require the employer to advertise and offer to workers the three-fourths guarantee.
However, the 2016 DOL Appropriations Act did not vacate this regulatory provision, and it remains in effect, even though
the Department will not use any Fiscal Year 2016 funds to enforce it. To help employers who want to offer and disclose
the three-fourths guarantee, the following language may be included in the job order.
AGENT INFORMATION:
Name:
Address:
City:
State:
ZIP Code:
Contact Person:
Title:
E-Mail Address:
Phone:
Fax:
Equal Opportunity Employer/Program • Under Titles VI and VII of the Civil Rights Act of 1964 (Title VI & VII), and the
Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of
1975, and Title II of the Genetic Information Nondiscrimination Act (GINA) of 2008; the Department prohibits discrimination in
admissions, programs, services, activities or employment based on race, color, religion, sex, national origin, age, disability,
genetics and retaliation. The Department must make a reasonable accommodation to allow a person with a disability to take
part in a program, service or activity. Auxiliary aids and services are available upon request to individuals with disabilities.
For example, this means if necessary, the Department must provide sign language interpreters for people who are deaf, a
wheelchair accessible location, or enlarged print materials. It also means that the Department will take any other reasonable
action that allows you to take part in and understand a program or activity, including making reasonable changes to an
activity. If you believe that you will not be able to understand or take part in a program or activity because of your disability,
please let us know of your disability needs in advance if at all possible. To request this document in alternative format or for
further information about this policy, contact your local office; TTY/TDD Services: 7-1-1. • Free language assistance for DES
services is available upon request • Ayuda gratuita con traducciones relacionadas a los servicios de DES está disponible a
solicitud del cliente.
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