How to File
H-2B Job Orders
Prevailing Wage


How To Post An H-2B Job Order   

New H-2B Federal Regulations 20 CFR Part 655 effective 4/23/2012

Due to new Federal Regulations, an employer is required to file a Request for an H-2B Job Order with the State Workforce Agency serving the area of intended employment at the same time they file their H-2B application with the U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification  (no more than 90 calendar days and no fewer than 75 calendar days before the start date of need).

The new federal regulations make it necessary for Ohio FLC to amend the job order placement procedures.

Employers will no longer be able to place their own H-2B job orders.  Effective April 23, 2012, Ohio is responsible for the review of job order requests and writing H-2B job orders because Ohio’s labor exchange system (OhioMeansJobs) does not allow a match to job seekers on self-service job order postings. 

Before filing the Request for a Job Order with the State of Ohio, the employer must obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC). The Request for a Job Order must be filed during the validity period documented on the prevailing wage request determination.

Per 20 CFR Part 655.16, each order-holding State Workforce Agency (SWA) is responsible for reviewing all H-2B job orders to ensure they comply with specific content criteria established in 20 CFR 655.18 as well as any State-specific requirements. 

The National Processing Center has not provided a standard Request for an H-2B Job Order form.  Therefore, Ohio  created a form which meets all the requirements (material terms and conditions of employment and assurances) for an H-2B job order. 

To obtain a Request for an H-2B Job Order form, e-mail us at flc@jfs.ohio.gov or call 1.888.296.7541 Option 7.  You must complete the H-2B Job Order Request Form and e-mail it to flc@jfs.ohio.gov or fax it to 614-644-7102.  Job Order requests will be reviewed within 6 business days of their receipt. 

Ohio FLC will send a copy of the job order to the employer and its agent/attorney, if applicable.  To prevent delays, please complete each field of the job order request form.  If a field does not apply, mark the field “NA”.  This ensures that the Ohio FLC staff knows a field was not overlooked.

The job order will be maintained in our Active files until 21 days before the employer’s date of need.

Per 20 CFR Part 655.47, SWAs will refer to the employer all qualified U.S. workers who apply for the job opportunity or on whose behalf a job application is made, who have been apprised of all the material terms and conditions of employment, and who will be available to perform the services or labor for which the employer seeks to hire nonimmigrant workers in the H-2B visa category. Any employer who wishes to interview applicants for the job opportunity 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 the worker incurs little or no cost (20 CFR 655.40(d).

Per 20 CFR Part 655.47, SWAs will submit their preliminary referral report to NPC on the same date as the employer’s recruitment report, as indicated in the Notice of Acceptance.

Updated 4/23/2012