Foreign Labor Certification Program

H-2B temporary labor certifications (Nonagricultural)

H-2B certification
The H-2B labor certification program establishes a means for U.S. nonagricultural employers who anticipate a shortage of domestic workers, to bring temporary nonimmigrant foreign workers into the U.S. H-2B eligibility requires that the job and the U.S. employer's need for the foreign worker be of a temporary nature. The need must be for one year or less and can be either a one-time occurrence, seasonal, peakload or intermittent. Temporary employment should not be confused with part-time employment which does not qualify for temporary (or permanent) labor certification.

Valid length of the H-2B labor certification
The H-2B labor certification application shall be valid for the period of employment indicated on the Form ETA 750; however, in no event shall the validity period exceed more than a year. The employer may apply for re-certification for an additional two years, but on each new application, the employer must justify the reason for the renewal request. H-2B certification is not transferable from one employer to another. Certificaton is issued only or a specific job opportunity, for a specific number of workers, and for a specific employment period.

Temporary H-2B temporary labor certification
The job must be temporary in nature and the need is for one year or less. The employer’s need cannot be ongoing or continuous. The employer has the burden of establishing the facts necessary to support a finding that the need is either a one-time occurrence, seasonal, peakload or intermittent need.

Required time frame for filing an H-2B temporary labor certification application
Employers are advised to file requests for H-2B certifications no more than 120 days but at least 60 days before certification is needed. SWAs have been instructed to return H-2B certification applications filed more than 120 days before the worker is needed.

How to file and additional information can be found at:
http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#filing
http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#h2b
http://www.foreignlaborcert.doleta.gov/pdf/h2b_faqs_round2.pdf

---

The Workforce Services Division is the state agency that administers the ALC Program in Montana. Funding, oversight, and processing is provided by the
U.S. Department of Labor Employment and Training Administration.

Patti McCubbins, Program Manager
Workforce Services Division
Phone: (406) 444-3480
Email: pmccubbins@mt.gov