H2B Violations / Attestations and Penalties
- Job Opportunity
- Strike or Lockout
- Non-discriminatory hiring practices/Hire qualified U.S. applicants
- Prohibition against preferential treatment
- Offered Wage
- Incentive Wage Rate
- Compliance with Other Laws during the Period of Employment
- Layoff
- Prohibited Fees
- ETA & USCIS Notification
- Improper Job Classification
- Accuracy of Temporary Need
- Impermissible Deductions
- Productivity Standards
- Early Termination of Job Order
- Earnings/Wage Statements
- Visa/Inbound/Outbound Transportation & Subsistence
- Employer-provided transportation meets applicable Federal, State, and local laws and regulations
- Tools, Supplies, and Equipment
- Copy of Job Order to H-2B Workers
- Posting Requirements
- Anti Retaliation
- Forbidden Fees
- Recruitment of Former U.S. Workers
- Cooperation with SWA Referrals
- Cooperation with Investigators
- Record Keeping
- Willful misrepresentation of material fact on the application concerning dates of need, number of workers requested
| Offense | Regulation Citation | Old Fine | New Fine |
| H-2B failure to correctly pay employees | 29 CFR 503.23(b) | $14,960 | $15,445 |
| H-2B layoff or refusal to employ | 29 CFR 503.23(c) | $14,960 | $15,445 |
| H-2B willful misrepresentation of material fact or willful failure to meet terms and conditions | 29 CFR 503.23(d) | $14,960 | $15,445 |
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