Question: What is an H-2B certification?

Answer: The H-2B labor certification program establishes a means for U.S. nonagricultural employers who anticipate a shortage of domestic workers, to bring temporary nonimmigrant foreign workers into the U.S. H-2B eligibility requires that the job and the U.S. employer's need for the foreign worker be of a temporary nature. The need must be for one year or less and can be either a one-time occurrence, seasonal, peakload or intermittent. Temporary employment should not be confused with part-time employment which does not qualify for temporary (or permanent) labor certification.

Question: How long is the H-2B labor certification valid?

Answer: The H-2B labor certification application shall be valid for the period of employment indicated on the Form ETA 750; however, in no event shall the validity period exceed 364 days. The employer may apply for re-certification for an additional two years, but on each new application, the employer must justify the reason for the renewal request. H-2B certification is not transferable from one employer to another. Certificaiton is issued only or a specific job opportunity, for a specific number of workers, and for a specific employment period.

Question: What constitutes a temporary need for H-2B temporary labor certification?

Answer: The job must be temporary in nature and the need is for one year or less. The employer's need cannot be ongoing or continuous. The employer has the burden of establishing the facts necessary to support a finding that the need is either a one-time occurrence, seasonal, peakload or intermittent need.

Question: What is the required time frame for filing an H-2B temporary labor certification application?

Answer: Employers are advised to file requests for H-2B certifications no more than 120 days but at least 60 days before certification is needed. SWAs have been instructed to return H-2B certification applications filed more than 120 days before the worker is needed.

Question: What if my application is denied, can I still file with USCIS?

Answer: Yes. The DOL decision to grant or deny certification is only an advisory to USCIS.