H-2B Certification FAQs

The H-2B labor certification application shall be valid for the period of employment indicated on the Form ETA 9142; 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. Certification is issued only for a specific job opportunity, for a specific number of workers, and for a specific employment period.

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.

Employers are advised to file requests for H-2B certifications no more than 120 days but at least 60 days before certification 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

Administration, funding, oversight, and processing are provided by the U.S. Department of Labor Employment and Training Administration.

Sandy Sands, Program Manager

Workforce Services Division
PO Box 1728
Helena, MT 59624-1728
Phone: (406) 444-2981
Email: DDLIWSDH-2B@mt.gov