The H-2B Temporary Nonimmigrant Labor Certification permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent.
There is a 66,000 per year limit on the number of foreign workers who may receive H-2B status during each USCIS fiscal year (October through September).
The process for obtaining H-2B certification is similar to, but less extensive and time-consuming than permanent certification. H-2B cases should be filed at least 60 days, but not more than 120 days before the worker is needed, to allow time for processing delays and correction of application errors.
As of January 18, 2009, Transition filing & NEW regulation procedures are effective – H-2B Final Rule. Any questions should be directed to: H-2B.Regulation@dol.gov
The filing of H-2B cases will no longer be the responsibility of the Department of Labor (DOL)/State Workforce Agency (SWA) but of the Chicago National Processing Center. There is a New Form (Form 9142) to file a H-2B application. The ETA 750 form is no longer used. A completed Form ETA 9142 need be filed with the Chicago National Processing Center (CNPC). Employer may not file the ETA 9142 with the Chicago National Processing Center until all of the pre-filing activities steps have been met, except where a specific exemption applies.
There are four steps for pre-filing activities that should be completed to file an H-2B application.
Obtaining a Prevailing Wage Determination
All advertising must contain terms/conditions of employment which are not less favorable than those that will be offered to the H-2B workers.
The approval certification or notice of denial is to be used by the employer to support its visa petition to be filed with the district director of the USCIS. The DOL decision is only an advisory to USCIS; there is no appeal process within the DOL for denial for H-2B applications. Such appeals must be filed with the USCIS.
For any additional information, please refer to the U.S. DOL Foreign Labor Certification Website for H-2B Certification for Temporary Nonagricultural Workers. (Has not been updated- 3/09)
Related Topics: Employment & Training, Foreign Labor Certification (FLC), H-2B Program