H-2B Temporary Non-Agricultural
In response to recent court decisions, the U.S. Departments of Labor and Homeland Security have announced an interim final rule to reinstate and make improvements to the H-2B temporary non-agricultural labor certification program and a final rule to establish the prevailing wage methodology for that program. For more information, visit the Office of Foreign Labor Certification website.
The 2016 Department of Labor Appropriations Act (Division H, Title I of Public Law 114-113) (2016 DOL Appropriations Act), which was enacted on December 18, 2015, contained several provisions requiring non-substantive modifications to (1) the Form ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey and (2) Appendix B of the Form ETA-9142B, H-2B Application for Temporary Employment Certification. In order to comply with the 2016 DOL Appropriations Act, the Office of Foreign Labor Certification (OFLC) submitted these non-substantive modifications to the Office of Management and Budget (OMB) for review and approval. The OMB has now approved the non-substantive modifications. Therefore, the OFLC Certifying Officers (COs) may issue H-2B prevailing wage determinations based on the submission of a private survey, and may now certify H-2B applications for temporary labor certification, so long as all applicable program requirements are met.
Placing a Job Order in Connection to a Future H-2B
Complete the H-2B Job Order Request Form no more than 90 days and no fewer than 75 days prior to the start date of need.
Staff will review the order for compliance with §655.18 and notify the Certifying Officer of any deficiencies within six business days of receipt of the job order. Once an order has been approved and opened for intrastate clearance an acceptance letter will be emailed to the employer.
Helpful Resources from the U.S. Department of Labor
(in Adobe PDF format)
The new H-2B regulations contain a very explicit prohibition on amendments to certified H-2B applications, unlike our historical practice in the H-2B program where some minor amendments were permitted.
The Emergency Guidance (updated January 5) reflecs the changes mentioned above.
For additional information please contact the U.S. Department of Labor's (DOL) Office of Foreign Labor Certification.