Department of Labor and Regulation

Title - Foreign Labor

H-2B Temporary Non-Agricultural

About H2B Certification

Process for Becoming Certified

H-2B Certification

The H-2B nonimmigrant program permits employers to hire foreign workers to come temporarily to the U.S. and perform temporary nonagricultural services or labor on a one-time, seasonal, peak load or intermittent basis. Homeland Security regulations require that, except for Guam, the petitioning employer first apply for a temporary labor certification from the Secretary of Labor indicating:

  1. There are not sufficient U.S. workers capable of performing the temporary services or labor at the time of filing the petition for H-2B classification and at the place where the foreign worker is to perform the work; and
  2. The employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. The Department of Labor will review and process all H-2B applications on a first in, first out basis.

Process

Step 1: Employer obtains a Prevailing Wage Determination (PWD) from the National Prevailing Wage Center (NPWC) using the Application for Prevailing Wage Determination (ETA Form 9141).The PWD application is available for electronic filing on the iCERT System. The PWD must be valid either on the date recruitment begins or the date of filing a complete Application for Temporary Employment Certification (ETA Form 9142).

Step 2: Employer submits the H-2B order via email so it can be entered into our job database no more than 120 calendar days prior to the start date of need. H-2B orders must be opened for a minimum of 10 days.

AND

Employer publishes two print advertisements for the position(s), one of which must be on a Sunday.

Advertisements must be placed during the period of time the job order is active. Please keep in mind that the South Dakota Department of Labor and Regulation is not open on Saturday, Sunday or state recognized holidays; therefore, the employer or agent must self-registry in SDWORKS and write the job order via our online system.

Step 3: Employer submits an electronic application via the U.S. Department lf Labor's iCERT Portal System. It is important to read the H-2B iCert Quick Start Guide and H-2B iCERT User Manual before completing and submitting an H-2B application. The following documentation must be submitted to the Chicago National Processing Center (NPC):

  1. A completed ETA Form 9142, Application for Temporary EmploymentCertification;
  2. ETA Form 9142 - Appendix B.1;
  3. A completed recruitment report;
  4. Any applicable supporting documentation (documentation substantiating temporary need is recommended).

For additional information please contact the U.S. Department of Labor's Office of Foreign Labor Certification.


Marcia Hultman, Secretary
700 Governors Drive
Pierre, SD 57501-2291
Tel. 605.773.3101
Fax. 605.773.6184