Are employers required to submit the summarized monthly payroll report to substantiate a seasonal or peakload need under the H-2B visa classification?
• No. As stated in Training and Employment Guidance Letter (TEGL) 21-06, each H-2B application must contain supporting evidence or documentation that justifies the chosen standard of temporary need. Employers may submit any combination of evidence or documentation, and examples of acceptable documentation for the most common standards of seasonal and peakload need include, but are not limited to, the following: • Signed work contracts, letters of intent from clients, and/or monthly invoices from previous calendar year(s) clearly showing work will be performed for each month during the requested period of need on the ETA Form 750, Part A, Item – 18b. This type of documentation will demonstrate the employer’s need for the work to be performed is tied to a season(s) of the year and will recur next year on the same cycle; • Annualized and/or multi-year work contracts or work agreements supplemented with documentation specifying the actual dates when work will commence and end during each y