H-2B Temporary Nonimmigrant Visa Program
Wednesday, September 7, 2016
Posted by: Julie Hill
Announcement of Procedural Change to Streamline the H-2B Process for Non-Agricultural Employers: Submission of Documentation Demonstrating “Temporary Need”
Effective Date: September 1, 2016
An employer seeking temporary labor certification under the H-2B visa program must establish that its need for non-agricultural services or labor is temporary in nature. Under Department of Homeland Security (DHS) and DOL regulations, temporary need must “be limited to one year or less, but in the case of a one-time event could last up to 3 years.’’ 8 CFR 214.2(h)(6)(ii)(B), Interim Final Rule (IFR),Temporary Non-Agricultural Employment of H-2B Aliens in the United States, 82 FR 24042, 24055 (April 29, 2015). The agencies categorize and define temporary need into the following four standards: one-time occurrence, seasonal, peakload, or intermittent. 8 CFR 214.2(h)(6)(ii)(B), 20 CFR 655.6. Until the Department announces separately in the Federal Register the initiation and implementation of the registration requirements at 20 CFR 655.11, the Certifying Officer’s (CO’s) adjudication of the employer’s temporary need will continue to occur during the CO’s review of the application and not before.