On February 21, 2012, the Department of Labor published a final rule in
the Federal Register that amended regulations regarding the
certification of temporary employment of nonimmigrant workers in
temporary or seasonal non-agricultural employment. This final rule,
which amended H-2B regulations, also created new regulations to enhance
enforcement when employers fail to meet their obligations. In addition,
changes were made to ETA Form 9142, the Application for Temporary
Employment Certification.
This final rule will become effective on April 23, 2012. All
applications filed on or after that date must comply with all changes to
the H-2B program. According to the Department of Labor, “employers who
file H-2B applications with a start date of need before October 1, 2013
will not be required to obtain the pre-approved H-2B registration ….
Employers filing H-2B applications on or after April 23, 2012 with a
start date of need on or after October 1, 2012, must comply with all the
requirements contained in the registration process.” This process
includes a return to a compliance-based certification model, in which
employers file prior to conducting recruitment, as well as a new
registration process which precedes the filing of applications.
