I have a need for a worker to perform similar combined duties. May I advertise and seek to employ an H-2B worker to perform a combination of duties?
• Yes. An employer may require that an H-2B worker perform a combination of duties as long as the employer can prove that: (1) the employer has normally employed workers with these combination of duties in the occupation; (2) workers customarily perform these combination of duties in the area of intended employment; or (3) requiring the combination of duties is a business necessity. In any event, the employer will be required to pay the salary that is the higher of the salaries of the two positions that are combined, based on the combination of the skill sets, regardless of the amount of time the worker will spend performing each respective duty.
Related Questions
- My facility is major because of the combination of HAPs (Potential to Emit more than 25 TPY). Should I list all the HAPs that combined makes the facility major?
- I have a need for a worker to perform similar combined duties. May I advertise and seek to employ an H-2B worker to perform a combination of duties?
- Can I perform a simple "component based" reliability prediction using PRISM, similar to MIL-HDBK-217 Parts Count Method?
