![]() ![]() Before requesting H-2B classification from USCIS, the petitioner must apply for and receive a temporary labor certification for H-2B workers with the U.S. Step 1: Petitioner submits temporary labor certification application to DOL.Department of Labor (DOL), or, if the workers will be employed on Guam, from the Guam Department of Labor (Guam DOL). H-2B petitioners must also provide a single valid temporary labor certification from the U.S. Occasionally or intermittently needs temporary workers to perform services or labor for short periods.Has not employed permanent or full-time workers to perform the services or labor and.Intermittent need – A petitioner claiming an intermittent need must show that it:.The temporary additions to staff will not become part of the employer's regular operation.Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand and.Regularly employs permanent workers to perform the services or labor at the place of employment. ![]() Peak load need – A petitioner claiming a peak load need must show that it:.Considered a vacation period for your permanent employees.Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is: Traditionally tied to a season of the year by an event or pattern and.Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:.Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future.An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.One-time occurrence – A petitioner claiming a one-time occurrence must show that it has:.The employer’s need is considered temporary if it is a(n): Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S.workers who are able, willing, qualified, and available to do the temporary work. ![]()
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