Supporting documentation for H-2B workers no longer needed

Contractors using the H-2B program no longer have to submit supporting documentation proving that their need for temporary workers is temporary.

In an effort to streamline the application process, the Department of Labor has announced that companies can meet the temporary need requirement by indicating it on the labor certification application (Form ETA-9142).

“The additional documentation submitted by many employers, which is substantially similar from year-to-year for the same employer or a particular industry, creates an unnecessary burden for employers as well as the (certification officer), who must review all documents submitted with each application,” the office said.

However, business owners should retain supporting documentation should a certification officer request it. 

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The DOL says a certifying officer will review an employer’s statement of temporary need and recent filing history to determine whether the nature of the temporary need on the application meets the standard. However, if the job offer has “changed or is unclear, or other employer information about the nature of its need requires further explanation, a NOD requesting an additional explanation or supporting documentation will be issued,” the office said.

The announcement was made Sept. 1.

To see how Dowco navigated a season when their H-2B workers didn't show up on time, see Surviving major H-2B delays in our June issue.

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