When a job contractor intends to file an Application for Temporary Employment Certification as a joint employer with its employer-client, does the job contractor need to send a written inquiry to its employer-client regarding U.S. worker displacement as described in 20 CFR 655.22(k)?
No. As joint employers, both the job contractor and its employer-client independently attest to the conditions of employment required of employers participating in the H-2B program, including non-displacement of U.S. workers as specified in 20 CFR 655.22(i). Accordingly, the employer-client already must attest that it has not laid off and will not lay off any similarly employed U.S. worker in the occupation for which certification is sought within the area of intended employment within the period beginning 120 calendar days before the date of need through 120 calendar days after the date of need, except where the employer-client also attests that it offered the job opportunity to those laid off U.S. worker(s) and the U.S. worker(s) either refused the job opportunity or was rejected for the job opportunity for lawful, job-related reasons. Therefore, an additional written inquiry from the job contractor to its employer-client regarding U.S. worker displacements would be redundant. Employ
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