H-2B Temporary Non-Agricultural Program
The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peak load need, or intermittent need. The H-2B program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved H-2B labor certification. The H-2B program also establishes certain recruitment and displacement standards in order to protect similarly employed U.S. workers.
Self-Service
The H-2B visa system is a totally self-service system, meaning that the employer will have to advertise their H-2B job orders on Jobs4TN.gov themselves.
- First, create the profile for the employer or the employer they (agents) represent.
- Next, they will need to follow the website prompts to create the job order as mandated by the regulations.
More Information
- U.S. Department of Labor: H-2B Temporary Non-agricultural Program, Wage and Hour Information, Worker Rights
- Information regarding the Civil Rights Act of 1964
- Information regarding Anti-Discrimination Provision under Immigration and Nationality Act (INA)
- National Human Trafficking Center
Workplace Regulations
Employers are required by law to share information with their employees on employment laws and provide other work-related information. They should be posted in a prominent place where employees have access such as a break room or time-clock area.
Required State Posters for Tennessee Employers
- TOSHA Safety and Health Poster Revised March 2016
- TN Unemployment Insurance Poster Revised September 2024
- Wage Regulation/Child Labor Poster Revised May 2024
- Workers' Compensation Posting Notice (Korean) Revised April 2018
Required Federal Posters (USDOL)
- Federal Posters (New USERRA poster now online)
- Minimum Wage Poster
If You Have Spanish-Speaking Employees or Child Labor
- TOSHA Safety and Health Poster (Spanish) Revised April 2017
- TN Unemployment Insurance Poster (Spanish) Revised April 2017
- Wage Regulation/Child Labor Poster (Spanish) Revised May 2024
- Workers' Compensation Posting Notice (Spanish) Revised April 2018
Other Posters
- Right to Work Poster Revised June 2012
- Drug-Free Workplace Program (apply before posting)
- Fraud Free Workplace
Contact
Sandra Plumb, Senior Employment Specialist
Sandra.E.Plumb@tn.gov
Phone: (615) 664-8595