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The Organized H-2B Employer: H-2B Audit Checklist

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The heart of any DOL H-2B audit is the records. Having all the required records ready and organized for the investigator will create goodwill. Here’s a list of what paperwork to gather and how to organize it:

  • Current and immediate past Temporary Employment Certification (ETA Form 9142 and Appendix B)

  • Recruitment Records

    • Recruitment Report (as submitted and amended)

    • Name of recruitment source

    • Name and contact information for each U.S. worker who applied or was referred to the job up tp the date of the preparation of the report and disposition of each worker, including any applicable laid off workers.

    • Recruitment Report

      • Name of Recruitment source;

      • Name and contact information for each U.S. worker who applied or was referred to the job up to the date of the preparation of the report and disposition of each worker, including any applicable laid-off workers;

      • Documentation of U.S. applicants and those rejected for lawful, job-related reasons.

      • Documentation of contact with former U.S. workers, including those who have been laid off within 120 calendar days before the date of need (except those dismissed for cause or abandoned the worksite), including documentation that the U.S. worker had been offered the job opportunity in the 9142 and that the U.S. worker either refused the job opportunity or was rejected for lawful, job related reasons.

      • Resumes and evidence of contact (form of attestation) with each U.S. worker who applied or was referred to the job opportunity; Notice to each laid off worker and the results of the notice and consideration;

      • Newspaper advertisements in the form of copies of newspaper pages (to include, two separate print ads, one being a Sunday advertisement) in which the advertisement appeared or other proof of publication containing the text of the printed advertisements;

      • SWA job order identifying the duties to be performed;

    • if there is a CBA- documents demonstrating that Unions were contacted and notified of the position openings and whether qualified U.S. workers were referred, including number of referrals

  • Copy of the Prevailing Wage Determination

  • Written inquiry and written confirmation from the secondary employer;

  • In the event of a change in corporate structure:

    • List of H-2B workers transferred to successor entity;

    • Each affected TEC number and effective date;

    • Successor entity’s employer identification number.

  • Form I-129s and H Supplement.

  • Form I-797s

  • Form I-94s

  • Employee Contact information

  • Payroll Records for all workers (Note any deductions and transportation/subsistence and visa reimbursement and/or payments);

  • Documentation to ETA/USCIS and H-2B workers of notifications of separation of employment/leaving the country;

  • Contractual language with the foreign recruiter prohibited it from seeking or receiving payments or other compensation from prospective workers

We recommend that H-2B employers compile this information in this order in a notebook and have it ready when Wage and Hour shows up. It will get your audit to a good start.

Wendel Hall