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Labor Certification Under PERM - Frequently Asked Questions

21.

What is an H-2B Labor 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, peak load or intermittent. Temporary employment should not be confused with part-time employment which does not qualify for temporary (or permanent) Labor Certification.

22.

How long is the H-2B Labor Certification valid?

The H-2B Labor Certification application shall be valid for the period of employment indicated on the Form ETA-750A and B, Application for Alien Employment Certification. However, in no event shall the validity period exceed 364 days.

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23.

What constitutes a temporary need for 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, peak load or intermittent need.

24.

What is a D-1 crewmember Labor Certification?

Performance of long shore work at U.S. ports by D-1 crewmembers on foreign vessels is generally prohibited with few exceptions. One such exception requires an employer to file an attestation stating that:

  • It is the prevailing practice for the activity at that port
  • There is no strike or lockout at the place of employment and
  • That notice has been given to U.S. workers or their representatives
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