Friday, September 2, 2016

Procedural Changes for H-2B filings with DOL

 U.S Department of Labor (‘DOL”) Office of Foreign Labor Certification announced on September 1, 2016 of Procedural Change to Streamline the H-2B Process for Non-Agricultural Employers. According DOL “… an employer need not submit additional documentation at the time of filing the Form ETA-9142B to justify its temporary need. It may satisfy this filing requirement more simply by completing Section B “Temporary Need Information,” Field 9 “Statement of Temporary Need” of the Form ETA-9142B. This written statement should clearly explain the nature of the employer’s business or operations, why the job opportunity and number of workers being requested for certification reflect a temporary need, and how the request for the services or labor to be performed meets one of the four DHS regulatory standards of temporary need chosen under Section B, Field 8 of the Form ETA-9142B. Other documentation or evidence demonstrating temporary need is not required to be filed with the H-2B application. Instead, it must be retained by the employer and provided to the Chicago NPC in the event a Notice of Deficiency (NOD) is issued by the CO.”
            However, it looks like that USCIS may still request evidence demonstrating temporary need or reject the Labor Certification issued by DOL. 

No comments:

Post a Comment