; (ii) has contractually forbidden any agent, attorney, facilitator, recruiter, or similar employment service from collecting such fees; and (iii) shall ensure that the fees are reimbursed in full, if at any point the employer learns or has reason to know that any agent, attorney, facilitator, recruiter, or similar employment service has been paid such fees. (4) Effect of notice An employer who notifies the Secretary of Homeland Security in accordance with paragraph (3)(J) may designate an eligible alien to replace an H–2B worker who fails to report for work notwithstanding the numerical limitation in section 214(g)(1)(B). (5) Recruitment (A) In general The recruitment required by paragraph (3)(E) is satisfied if the employer— (i) prior to filing the petition, placed a local job order with the State workforce agency serving the local area or areas where the work will be performed (or in the case of an itinerant employer, where the job is to begin), except that nothing in this clause shall require the employer to file an interstate job order under section 653 of title 20, Code of Federal Regulations. The State workforce agency shall post the job order on its official agency website for a minimum of 30 days and not later than 3 days after receipt using the employment statistics system authorized under section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 ); (ii) offered or will offer United States workers not less than the same benefits, wages, and working conditions that the employer is offering, intends to offer, or will provide to H–2B workers; (iii) does not impose on recruited United States workers any restrictions or obligations which will not be imposed on the employer’s H–2B workers; and (iv) has offered or will offer the job for which the H–2B worker(s) are sought, unless the employer has a lawful, job-related reason not to do so, to any eligible United States worker who— (I) applies; (II) is qualified for the job