When a job contractor intends to file an Application for Temporary Employment Certification as a joint employer with its employer-client, what content is required in the job order and newspaper advertisements?
The job order and newspaper advertisements placed by joint employers must satisfy the advertising content requirements required for all H-2B-related advertisements, as identified in 20 CFR 655.17. Additionally, in order to fully apprise applicants of the job opportunity and avoid potential confusion inherent in a job opportunity involving two employers, joint employer recruitment must clearly identify both employers (the job contractor and its employer-client) by name and must clearly identify the worksite location(s) where workers will perform labor or services. Any employer who files a job order or advertisement after the publication date of this FAQ will be expected to comply with the requirements set forth in the previous paragraph, and the Department will consider the publication date of this FAQ when evaluating recruitment conducted by joint employers. The Department considers the name of both employers and the worksite location as essential content for joint employment recruitme
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- 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)?
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