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H2B Visa - Frequently Asked Questions


What are the requirements that should be met by the employer of
H-2B work visa applicants?

  • Recruitment: The employer must have made positive efforts to engage U.S. workers. This means an active effort, including newspaper advertising in areas of expected labor supply. This must be an effort independent of and in addition to the efforts of the SWA. In establishing worker qualifications and/or job specifications, the employer must designate only those qualifications and specifications which are essential to carrying out the job and which are normally required by other employers who do not hire foreign workers
  • Wages: The wage or rate of pay must be the same for U.S. workers and H-2B workers. The hourly rate must also be at least as high as the applicable federal or state minimum wage, or the applicable prevailing hourly wage rate, whichever is higher.
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