All registered employers that desire to hire H-2B workers must file an Application for Temporary Employment Certification with the NPC designated by the Administrator, OFLC. Except for employers that qualify for emergency procedures at Sec. 655.17, employers that fail to register under the procedures in Sec. 655.11 and/or that fail to submit a PWD obtained under Sec. 655.10 will not be eligible to file an Application for Temporary Employment Certification and their applications will be returned without review.
(a) What to file. A registered employer seeking H-2B workers must file a completed Application for Temporary Employment Certification (ETA Form 9142 and the appropriate appendices and valid PWD), a copy of the job order being submitted concurrently to the SWA serving the area of intended employment, as set forth in Sec. 655.16, and copies of all contracts and agreements with any agent and/or recruiter, executed in connection with the job opportunities and all information required, as specified in Sec. Sec. 655.8 and 655.9.
(b) Timeliness. A completed Application for Temporary Employment Certification must be filed no more than 90 calendar days and no less than 75 calendar days before the employer's date of need.
(c) Location and method of filing. The employer must submit the Application for Temporary Employment Certification and all required supporting documentation to the NPC. At a future date the Department may also permit an Application for Temporary Employment Certification to be filed electronically in addition to or instead of by mail. Notice of such procedure will be published in the Federal Register.
(d) Original signature. The Application for Temporary Employment Certification must bear the original signature of the employer (and that of the employer's authorized attorney or agent if the employer is so represented). If and when an Application for Temporary Employment Certification is permitted to be filed electronically, the employer will satisfy this requirement by signing the Application for Temporary Employment Certification as directed by the CO.
(e) Requests for multiple positions. Certification of more than one position may be requested on the Application for Temporary Employment Certification as long as all H-2B workers will perform the same services or labor under the same terms and conditions, in the same occupation, in the same area of intended employment, and during the same period of employment.
(f) Separate applications. Only one Application for Temporary Employment Certification may be filed for worksite(s) within one area of intended employment for each job opportunity with an employer for each period of employment. Except where otherwise permitted under Sec. 655.4, an association or other organization of employers is not permitted to file master applications on behalf of its employer-members under the H-2B program.
(g) One-time occurrence. Where a one-time occurrence lasts longer than 1 year, the CO will instruct the employer on any additional recruitment requirements with respect to the continuing validity of the labor market test or offered wage obligation.
(h) Information dissemination. Information received in the course of processing a request for an H-2B Registration, an Application for Temporary Employment Certification or program integrity measures such as audits may be forwarded from OFLC to WHD, or any other Federal agency as appropriate, for investigative and/or enforcement purposes. [77 FR 10153, Feb. 21, 2012]