Title
No placement fee for H2B workers to USA/Guam
Law
Poea Advisory No. 19
Decision Date
Aug 23, 2010
Licensed recruitment agencies are prohibited from charging placement fees to Filipino workers deployed under the H2B visa program to the U.S. and Guam, with violations resulting in severe penalties, including license cancellation.
A

Q&A (POEA ADVISORY NO. 19)

The POEA Advisory No. 19 strictly prohibits licensed recruitment agencies from charging any placement and recruitment fees to Filipino workers deployed to the U.S.A. including Guam under the H2B program.

Filipino workers recruited under the H2B program for temporary skilled labor to be deployed to the United States and Guam.

It falls under Section 2-C, Rule I, Part VI of the 2002 POEA Rules and Regulations Governing the Recruitment and Employment of Landbased Workers and POEA Memorandum Circular No. 10, s. 2009.

The employers are responsible for bearing the recruitment costs under the H2B visa classification.

Violation of the policy is a serious administrative offense that may lead to the cancellation of the recruitment agency’s license under Section 1-A (5) of Rule IV, Part VI of the POEA Rules and Regulations.

The United States Department of Homeland Security implemented the regulatory changes.

The changes were implemented on January 18, 2009.

Recruitment agencies are prohibited from charging placement fees and recruitment fees.

The penalties are prescribed under Section 1-A (5) of Rule IV, Part VI of the POEA Rules and Regulations Governing the Recruitment and Employment of Landbased Workers.


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