If the employer clearly identifies and describes a temporary need in its needs statement, is it necessary to specify whether that temporary need is peakload or seasonal?
Yes. Every H-2B application must include a detailed statement explaining (a) why the job opportunity and number of workers being requested reflect a temporary need, and (b) how the employer’s request for the services or labor meets one of the standards of a one-time occurrence, a seasonal need, a peakload need, or an intermittent need. This statement of temporary need must be submitted separately on the employer’s letterhead and with the employer’s signature. An employer should specify how it meets one of the standards, and identify which standard. (Training and Employment Guidance Letter (TEGL) 21-06, Change 1, Section III.D.3).
Related Questions
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