Helpful Links

 H-2B Electronic Filing via iCERT Portal System Now Available

Program Overview

The H-2B temporary non-agricultural program allows U.S. employers who meet specific regulatory requirements to bring foreign nonimmigrant workers to the United States to fill temporary nonagricultural jobs. Before requesting H-2B classification from the U.S. Citizenship and Immigration Services (USCIS), the employer must apply for and receive a temporary labor certification for H-2B workers from the U.S. Department of Labor (DOL) (or Guam DOL, if the employment will be in Guam).

Who May Qualify for H-2B Temporary Non-agricultural Program?

In order to receive an H-2B temporary labor certification, the employer must establish that:

• There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
• The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
• Its need for the prospective worker's services or labor is temporary, regardless of whether the underlying job can be described as temporary. With the exception of a one-time occurrence need that could last up to three (3) years, temporary need will not be approved for longer than 10 months. The employer's need is considered temporary if it is a(n):
  one-time occurrence - An employer claiming a one-time occurrence must show that it has:
  • Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future; or
  • An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
  seasonal need - An employer claiming a seasonal need must show that the service or labor for which it seeks workers is:
  • Traditionally tied to a season of the year by an event or pattern; and
  • Of a recurring nature.

  Note: Employment is not seasonal if the period during which the service or labor is needed is:

  • Unpredictable;
  • Subject to change; or
  • Considered a vacation period for the employer's permanent employees.
  Employer must also specify the period(s) of time during each year it does not need the services or labor to be performed. peakload need - An employer claiming a peakload need must show that it:
  • Regularly employs permanent workers to perform the services or labor at the place of employment;
  • Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and
  • The temporary additions to staff will not become part of the employer's regular operation.
  intermittent need - An employer claiming an intermittent need must show that it:
  • Has not employed permanent or full-time workers to perform the services or labor; but
  • Occasionally or intermittently needs temporary workers to perform services or labor for short periods

Detailed Program Description available here.

H-2B Application 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).The application for PWD may also be submitted by mail to the following address:

  U.S. Department of Labor
  Employment and Training Administration
  Office of Foreign Labor Certification
  National Prevailing Wage Center
  1341 G Street, NW- Suite 201
  Washington, DC 20005- 3105
  ATTN: PWD Request

• Step 2: Employer Conducts Pre-Filing Recruitment by:
• Filing a job order no more than 120 calendar days prior to the employer's date of need with the State Workforce Agency (SWA) serving the area of intended employment. The job order must be open and available for recruitment purposes for a minimum of 10 days. The list of SWA contacts can be found here.
  AND
• Publishing 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
• The job order and the print advertising must contain the following information:
  • Employer's name and contact information to allow applications to send resumes;
  • Geographic area of employment to allow applicants to be aware of travel requirements and where applicant will likely have to reside to perform the services or labor;
  • If transportation to the worksite is provided by the employer, the advertising must say so;
  • Description of the job opportunity including the job duties to apprise applicants of services or labor to be performed and the duration of the job opportunity;
  • Work hours and days, expected start and end dates of employment, and whether or not overtime will be available
  • Wage offer or offers in the event of multiple wage offers;
  • That the position is temporary, and the total number of job openings the employer intends to fill

• Step 3:Employer submits an application and provides the following documentation to the Chicago National Processing Center (NPC):

  a. A completed ETA Form 9142, Application for Temporary
      EmploymentCertification;

  b. ETA Form 9142 - Appendix B.1;

  c. A completed recruitment report;

  d. Any applicable supporting documentation (documentation
    substantiating temporary need is recommended).

Employers may now submit their H-2B application either electronically OR via mail directly to the Chicago National Processing Center (NPC). The employer must choose only one method of submission. Duplicate applications, where the employer or authorized representative files electronically and submits that same application via U.S. mail, will be rejected.

• Electronic Filing:

Employers may submit their H-2B application electronically via the Department'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 online help provides step-by-step instructions for completing and submitting the H-2B application electronically. For more resources and information, please visit the iCERT implementation web page at http://www.foreignlaborcert.doleta.gov/h2ah2b_icert_rollout.cfm

• Mail Filing:

The employer may mail the application package to the Chicago NPC at the following address:

U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Chicago National Processing Center
11 West Quincy Court
Chicago, IL 60604- 2105
ATTN: H-2B Program Unit

What Happens Next:

The Chicago NPC will promptly review the application to determine if errors exist which would prevent certification and for compliance with the criteria for certification. The Chicago NPC will make a determination to certify, deny, or issue a Request for Further Information (RFI) prior to making a Final Determination on the application. If the Chicago NPC determines that the employer has made all the necessary attestations and assurances, but the application fails to comply with one or more criteria for certification an RFI will be issued to the employer within 7 calendar days of receipt of the application and will send by means ensuring next-day delivery. The RFI identifies the deficiencies found by Chicago NPC and provides the employer the opportunity to address those deficiencies within the application. Each notification will also provide next steps for the employer to take in order to meet the criteria for certification.

Upon receipt of the response to the RFI, the Chicago NPC will review the existing application as well as any supplemental materials submitted by the employer and issue a Final Determination. The Chicago NPC will issue the Final Determination or issue an additional RFI within 7 business days of receipt of the employer's response, or within 60 days of the employer's date of need, whichever is later.