What is the process if an employer needs to extend its period of need for H-2B workers?
If there are unforeseen circumstances where the employer’s need exceeds one year, a new application for temporary labor certification is required for each period beyond one year. However, an employer’s seasonal or peakload need of longer than 10 months, which is of a recurring nature, will not be accepted. Training and Employment Guidance Letter (TEGL) No. 21-06, Change 1; DHS regulations at 8 CFR 214.
Related Questions
- If an employer or association of employers realizes that it needs either more or fewer H-2A workers than stated on the ETA Form 9142, how late in the process can it request a change?
- Is there a waiting period before the employer can initiate the labor certification process for foreign employees?
- What is the process if an employer needs to extend its period of need for H-2B workers?
