HR 4159 IH
(a) PROSPECTIVE
H–2B EMPLOYER.—The term 
‘‘prospective H–2B employer’’ means a United States 
business that is considering employing 1 or more non-
immigrants described in section 101(a)(15)(H)(ii)(b) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(b)). 
(b) STATE WORKFORCE AGENCY.—Except as used in 
section 3, the term ‘‘State workforce agency’’ means the 
workforce agency of the State in which the prospective H– 
2B employer intends to employ H–2B nonimmigrants. 
SEC. 3. DEPARTMENT OF LABOR. 
(a) RECRUITMENT.—As a component of the labor 
certification process required before H–2B nonimmigrants 
are offered employment in the United States, the Sec-
retary of Labor shall require all prospective H–2B employ-
ers, before they submit a petition to hire H–2B non-
immigrant workers, to conduct a robust effort to recruit 
United States workers, including— 
(1) advertising at employment or job-placement 
events, such as job fairs; 
(2) advertising with State or local workforce 
agencies, nonprofit organizations, or other appro-
priate entities, and working with such entities to 
identify potential employees; 
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HR 4159 IH
(3) advertising in appropriate media, including 
local radio stations and commonly used, reputable 
Internet job-search sites; and 
(4) such other recruitment strategies as the 
State workforce agency considers appropriate for the 
sector or positions for which H–2B nonimmigrants 
would be considered. 
(b) SEPARATE PETITIONS.—A prospective H–2B em-
ployer shall submit a separate petition for each State in 
which the employer plans to employ H–2B nonimmigrants 
for a period of 7 days or longer. 
SEC. 4. STATE WORKFORCE AGENCIES. 
The Secretary of Labor may not grant a temporary 
labor certification to a prospective H–2B employer until 
after the Director of the State workforce agency— 
(1) has formally consulted with the workforce 
agency director of each contiguous State listed on 
the prospective H–2B employer’s application and de-
termined that— 
(A) the employer has complied with all re-
cruitment requirements set forth in section 3 
and there is a legitimate demand for the em-
ployment of H–2B nonimmigrants in each of 
those States; or 
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(B) the employer has amended the applica-
tion by removing or making appropriate modi-
fications with respect to the States in which the 
criteria set forth in subparagraph (A) have not 
been met; 
(2) certifies that the prospective H–2B em-
ployer has complied with all recruitment require-
ments set forth in section 3 or any other applicable 
provision of law; and 
(3) makes a formal determination that nation-
als of the United States are not qualified or avail-
able to fill the employment opportunities offered by 
the prospective H–2B employer. 
Æ 
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