How does the Department select cases for audit in the H-2B program?
The Certifying Officer (CO) retains sole discretion to choose which Applications for Temporary Employment Certification will be audited, including selecting applications using a random assignment method.
Important Note: Under the 2015 H-2B Interim Final Rule, the Department retains the ability to audit any adjudicated application, including those applications that are certified, denied or withdrawn.
Why would the Department audit H-2B applications that have been denied?
In order to ensure program integrity, the Department has determined that there is value in auditing denied, as well as certified, applications because the consideration of past applications, regardless of adjudicatory outcome, provides a more complete record of the employer’s compliance or noncompliance with program requirements.
I receive a Notice of Audit Examination related to my H-2B certification. What happens next?
An employer who receives a Notification of Audit Examination (NOA) letter must submit the documentation requested to the Certifying Officer (CO) by the deadline stated in the NOA. Upon receipt and review of the employer’s documentation, the CO may issue one or more Requests for Supplemental Information, identifying any additional information required prior to making a final determination. After reviewing the full audit file, the CO will inform the employer of the results of the audit.
What are the consequences of not responding or not fully complying with the aduit process?
An employer’s failure to fully comply with the audit process may result in the Certifying Officer ordering assisted recruitment for future filings, revocation of the certification, or the employer’s debarment from the H-2B program and any other foreign labor certification program the Department administers.
Stay in Compliance
As employers utilizing the program are held to increasingly high standards, H-2B compliance is more crucial than ever. While many employers believe themselves to be in compliance, a third party may be able to provide a more accurate picture. The expert team at Phoenix Labor has over 30 years of H-2B experience, meaning we can help to ensure you are taking all of the right steps and that all of your pieces are in place.