Compliance

The wage, hours, duties, worksite, and period of employment offered must match what was certified. Workers must be paid at least the applicable wage for all hours worked, and the terms offered to H-2B workers must also be offered to U.S. workers in corresponding employment.

The obligation to hire qualified U.S. workers does not end when the application is filed. Employers must continue to accept and consider U.S. applicants through a defined period, and must document how each applicant was handled.

Recruitment reports, payroll records, job orders, and correspondence with the agencies must be retained and produced on request. Most avoidable findings in an audit come from documentation that was never created rather than from a decision that was wrong.

Program rules prohibit charging workers for costs that belong to the employer, retaliating against workers who raise concerns, and misrepresenting the terms of the job. Employers are also responsible for the conduct of agents acting on their behalf.

Certified employers may be subject to audit or investigation. Findings can lead to back-wage assessments, civil penalties, and debarment from the program. Employers who discover a problem are generally better served by correcting and documenting it than by waiting for it to be found.

Every high-profile failure in the program becomes an argument against the program itself — including against the businesses that have never had a finding. A demonstrated record of compliance is also the basis for the Council's proposed Certified Seasonal Employer designation.