H-2 Recruitment

An important step in the labor certification process for H-2 visas is to test the labor market to ensure that there are not qualified U.S. workers available for the position that is being listed. This test occurs after receiving a Notice of Acceptance (NOA) from the Department of Labor post submission of the ETA 9142. The Notice of Acceptance will highlight all the requirements that will need to take place in order to submit a valid recruitment report and thus be granted certification.

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The recruitment period lasts from the date the NOA is received until 21 days prior to the requested certified start date. 

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• Recruitment must be conducted within 14 calendar days from the date of the NOA
  
  • NOTE: Day 1 occurs the day after the date of the NOA letter.
• The recruitment report can only be submitted after the required recruitment steps are complete. 
• A job order must be opened with the employer’s State Workforce Agency (SWA).
• The employer must consider all U.S. applicants from any recruitment source during the recruitment period.
• A notice of the job opportunity must be posted in at least two conspicuous locations at the place(s) of employment.
  
  • NOTE: This posting must be up for 15 consecutive business days which must be posted within the 14 day recruitment window from the date of the NOA.

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While in the recruitment period, the employer must continue to accept referrals and applications of all U.S applicants interested in the position until 21 days before the date of need. It is a requirement that employers must consider all U.S. workers who apply for the job, and hire any able, willing and qualified to perform work described and must be available for the entire period specified and work throughout all areas of intended employment. DOL will reduce the certified number of visas based on how many U.S. employees are hired during the initial recruitment period. 

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IMPORTANT NOTE:

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Only referrals from the state workforce agency and applicants that apply to the job directly are required to be contacted as an actual candidate for the job.

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Any referrals from outside agencies are not required to be contacted in this process unless the individual applies directly.

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Be vigilant of scammers or bad actors demanding documents or information they are not authorized to ask for or receive. If you have concerns about what information an applicant is requesting, please reach out to your account manager for clarification

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