#1 PREVAILING WAGE REQUEST
A prevailing wage request should be pursued around five months before the foreign workers are required. The department of labor considers geographical location and the type of work when making the determination. Almost always, the wages for foreign workers will be higher than local wages in the market. Determining if the wage rate is acceptable to you is one of the most important parts of the process for going forward with an H2-B Application. All employees with the same job will become subject to the same wage rate.
#2(A) STATE WORK FORCE AGENCY
Information gathered from the prevailing wage request will be used used to develop a job order, or job listing with the appropriate State Work Force Agency ("SWA"). This SWA's purpose is to advertise the position locally to people in their database before the job can go to foreign workers. The content in the job order, which includes details of the job and conditions, is directed by the department of labor, and must be written in a manner that complies with applicable regulations.
#2(B) Department of Labor
At the same time as the job order with the SWA, the applicant must submit and application for a seasonal labor certification from the Department of Labor (“DOL”). We will help you prove to the DOL that your operations require temporary workers to service a seasonal/high peak for labor. Also, we will help you argue that no American workers were able and willing to take the jobs. This process takes a minimum of 8 weeks.