Marcia Hultman

Cabinet Secretary

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Foreign Labor | H-2B

H-2B Temporary Non-Agricultural Program

Placing a Job Order in Connection with an H-2B Application

South Dakota H-2B Job Order Policy:

The South Dakota State Workforce Agency (SWA) has an established a self-service system that allows agents and law firms to write a job order and view all necessary information.

Each business will need an employer account.

If using an agent or immigration attorney, they will need to create a Third Party Agent (TPA) account and then add all of the applicable employers to be authorized along with uploading proof of authorization (G-28 or authorization statement/contract) for each employer.

If technical assistance is needed for account creation or job order writing, please email the Foreign Labor Certification team.

The job order is only one component in the process of issuing an H-2B certification to an employer. Please review the entirety of this page PLUS the How to Apply Page prior to submitting a job order.

Program Overview

In order to issue an H-2B certification to an employer, the U.S. Department of Labor (Department) must determine that:

  1. There are not sufficient U.S. workers who are qualified and who will be available to perform the temporary services or labor for which an employer desires to hire foreign workers; and
  2. The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

To participate in the H-2B program, an applicant must:

  • Be an employer with a valid Federal Employer Identification Number (FEIN);
  • Have a place of business (i.e., physical location) in the United States; and
  • Have a means by which it can be contacted for employment.
The employer's job opportunity (opportunities) must be:
  • Temporary (i.e., nine months or less, except one-time occurrences);
  • Full-time (i.e., 35 or more hours per week); and
  • Non-agricultural employment within a specified area(s) of intended employment.

The H-2B temporary non-agricultural program permits employers who meet the program requirements to hire nonimmigrant workers to temporarily come to the U.S. and perform non-agricultural services or labor based on the employer's temporary need. The employer applicant must establish that its need for non-agricultural services or labor is temporary in nature, regardless of whether the underlying job is permanent or temporary.

Temporary need must be established as one of the following:

  1. One-time occurrence;
  2. Seasonal need;
  3. Peak load need; or
  4. Intermittent need.

With the exception of a one-time occurrence need which can last up to three years, temporary need will not be approved for longer than nine months.

The Immigration and Nationality Act and regulations issued jointly with the U.S. Department of Homeland Security (DHS) establish employer requirements and worker protections with respect to wages and working conditions. The Department's Wage and Hour Division has responsibility for enforcing provisions of worker contracts and applicable employment laws.

How, When and Where to Apply

View our application page for details on how, when and where to apply.