How can a job contractor file Applications for Temporary Employment Certification consistent with the Court's August 30, 2010 decision?

The Court's decision unambiguously prohibits the Department from approving Applications for Temporary Employment Certification that are filed solely by the job contractor. After thorough consideration, the Department does not believe that the H-2B regulations, as written, can accommodate a situation where both a job contractor and employer-client each file their own applications for a single job opportunity where there is no joint employment agreed to between the job contractor and the employer-client. The regulations at 20 CFR 655.20 only allow for one H-2B labor certification application to be filed for worksite(s) within one area of intended employment for each job opportunity with an employer.

Additionally, if both the job contractor and employer-client were to file separate applications for the same job opportunity, it is unclear which entity would receive the certification. Provided that a job contractor and any employer-client are joint employers, as defined in the 2008 H-2B ... more.

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