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State of New Jersey Department of Labor and Workforce Development     LWD  





Alien Labor Certification

The foreign labor certification program permits U.S. employers to hire foreign workers on a temporary or permanent basis to fill jobs essential to the U.S. economy. Certification may be obtained in cases where it can be demonstrated that there are insufficient qualified U.S. workers available and willing to perform the work at wages that meet or exceed the prevailing wage paid for that occupation in the area of intended employment. Foreign labor certification programs are designed to assure that the admission of foreign workers into the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages, and working conditions of U.S. workers.

EFFECTIVE JANUARY 18, 2009: THE US DEPARTMENT OF LABOR HAS IMPLEMENTED NEW PROCEDURES FOR FILING H-2A AND H-2B APPLICATIONS. FOR NEW PROCEDURES, VISIT:

US Department of Labor
H-2A Certification 
H-2B Certification of Temporary Nonagricultural Work


Prevailing Wage Determinations:
Before starting a recruitment, employers must obtain a Prevailing Wage Determination. Prevailing Wage requests will no longer be processed by NJ Department of Labor and Worforce Development (LWD) staff after December 31, 2009. 

To request a prevailing wage determination, please refer to ETA Form 9141.
Instructions for this form can be found on the U.S. Department of Labor's website. 

Complete one of the following forms to post your job opening:

H-2B JOB ORDER FORM

Effective 1/7/10, two new options are available on the H-2B Job Order Form. Either posting option meets the State of New Jersey’s requirement for positive recruitment of U.S. workers and satisfies the U.S. DOL’s H-2B job order posting requirements.

Option 30:

No more than 120 days before the employer’s date of need, staff will post a 30-day New Jersey State job order. 

OR

Option 10/20:

No more than 120 days before the employer’s date of need, staff will post a 10-day New Jersey State job order.

By choosing Option 10/20, the employer agrees to an initial 10-day job order and a second 20-day job order that will open 45 days before the date of need for a minimum of 20% of the originally requested positions.  We will post the 20-day job order for the entire number of positions remaining if the original job order met 80% or more of the positions needed. 

After the H-2B job order request is received and entered into New Jersey's Job Bank by LWD staff, a confirmation will be faxed to the employer. The faxed confirmation will include a copy of the job order, opening and closing dates, and the job order number. A fax number must be provided to receive a confirmation. 

Please refer to the U.S. Department of Labor for information on the H-2B filing process. Questions should be directed to the Chicago National Processing Center at 312-886-800. 

Questions regarding the New Jersey State H-2B Job Order process can be addressed to the Alien Labor Certification Unit at 609-292-2900.


GENERAL JOB ORDER FORM



NJ Department of Labor and Workforce Development
Alien Labor Certification Unit
PO Box 053
Trenton, NJ 08625-0053
P: (609) 292-2900
F: (609) 777-3570




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