Form Wio-1057a Forpdf - H-2b Foreign Labor Swa Job Order Form Page 4
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4WIO-1057A FORPDF (2-17)
Page 4 of 4
EMPLOYER OBLIGATIONS:
The employer’s job order will offer to U.S. workers (this means anyone, including foreign-born residents, residing within the
U.S. and/or its’ territories) no less than the same benefits, wages, and working conditions the employer is offering, intends to
offer, or will provide to H-2B workers. Job offers may not impose on U.S. workers any restrictions or obligations that will not
be imposed on the H-2B workers. This does not relieve the employer from providing to H-2B workers at least the minimum
benefits, wages, and working conditions which must be offered to U.S. workers consistent with H-2B regulations.
The employer must provide to an H-2B worker outside of the U.S. no later than the time at which the worker applies for the
visa, or to a worker in corresponding employment no later than on the day work commences, a copy of the job order, in a
language understood by the worker, including any subsequent approved modifications.
During the period of employment specified on the Application for Temporary Employment Certification, the employer must
comply with all applicable Federal, State and local employment-related laws and regulations, including health and safety
laws. This includes compliance with 18 U.S.C. 1592(a), with respect to prohibitions against employers, the employer’s
agents or their attorneys knowingly holding, destroying or confiscating workers’ passports, visas, or other immigration
documents.
RECRUITMENT ACTIVITIES:
Employers must conduct recruitment of U.S. workers to ensure there are not qualified U.S. workers who will be available
for the positions listed in the Application for Temporary Employment Certification. U.S. applicants can be rejected only
for lawful job-related reasons. Unless otherwise instructed by the Certifying Officer (CO), the employer must conduct the
recruitment described in 655.42 through 655.46 within 14 calendar days from the date the Notice of Acceptance is issued.
All employer-conducted recruitment must be completed before the employer submits the recruitment report as required in
655.48. Employers must continue to accept referrals and applications of all U.S. applicants interested in the position until
21 days before the date of need.
Employers that wish to require interviews must conduct those interviews by phone or provide a procedure for the interviews
to be conducted in the location where the worker is being recruited so that the worker incurs little or no cost. Employers
cannot provide potential H-2B workers with more favorable treatment with respect to the requirement for, and conduct of,
interviews. The employer must consider all U.S. applicants for the job opportunity. The employer must accept and hire any
applicants who are qualified and who will be available.
For more information visit the
H-2B Certification Website
.
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TO BE COMPLETED BY THE SWA: Job Order Number:
Employer Signature:
Date:
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