Assuming we have more than one (1) work site location within an MSA that cross SWA jurisdictions, where do we file the H-2B application?
Although the foreign workers may be working in multiple states within the MSA, the employer should submit a single application to the SWA where the employment will begin. In those instances where the employment crosses NPC jurisdictions as well, the NPC that has jurisdiction over the SWA where the employment will begin shall process the application. In accordance with Section IV.C of TEGL 21-06, the SWA shall clear the job order for 10 calendar days with the appropriate state(s) where the work is to be performed and accept for referral to the employer qualified applicants from the state(s).
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