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H-2B Temporary Agricultural

About H2B Certification

Process for Becoming Certified

H-2B Certification

The H-2B nonimmigrant program permits employers to hire foreign workers to come temporarily to the U.S. and perform temporary nonagricultural services or labor on a one-time, seasonal, peak load or intermittent basis. Homeland Security regulations require that, except for Guam, the petitioning employer first apply for a temporary labor certification from the Secretary of Labor indicating:

1. There are not sufficient U.S. workers capable of performing the temporary services or labor at the time of filing the petition for H-2B classification and at the place where the foreign worker is to perform the work; and
2. The employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. The Department of Labor will review and process all H-2B applications on a first in, first out basis.

Process

The employer or its authorized representative must submit a job order to the South Dakota Department of Labor and Regulation (DLR). The job order must satisfy the requirements set forth in 20 CFR 655.18 in order for the DLR to place the employer's job order on our active file for intrastate recruitment of U.S. workers.

The employer must submit the job order to DLR and Chicago National Processing Center (NPC) no more than 90 calendar days and no fewer than 75 calendar days before the start date of need. The job order must be submitted to DLR at the same time the employer submits the H-2B application to the Chicago NPC.

Upon receipt of the employer's job order, DLR will review the job order within six business days and determine if the job order is in compliance with regulatory requirements contained in 20 CFR 655.18.

If DLR determines the job order fails to meet one or more applicable regulatory and program requirements, SDDLR will inform the Chicago NPC.

Once the Chicago NPC determines the job order and H-2B application comply with the regulatory criteria for acceptance, the Certifying Officer will issue a Notice of Acceptance. Upon receipt of the Notice of Acceptance, the DLR will keep the job order in our job search database until the end of the recruitment period (21 days before the employer's first date of need).

Instructions on how to file and additional information can be found on the U.S. Department of Labor's website.

For specific information on a program, division or council, click on one of the following links: