After receiving the Courts August 30, 2010 decision, what action did the Department take related to H-2B Applications for Temporary Employment Certification filed by job contractors?
As a result of this order, the Department determined that it could no longer accept H-2B Applications for Temporary Employment Certification from applicants that meet the definition of job contractor at 20 CFR 655.4 if the job contractor’s employer-client(s) also did not submit an application. Accordingly, in September, 2010, the Department began issuing Requests for Further Information (RFIs) to all employers who marked in Section C-17 of the ETA Form 9142 that they were job contractors or otherwise indicated in the application that they were job contractors. The RFI clearly provided notice of the Court’s August 30, 2010 decision and the impact of the decision on applications filed by job contractors.
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