DOL Issues Tip for Employers Filing Form ETA-9142B for H-2Bs Under NDAA for FY2019
From the DOL website:
November 28, 2018. H-2B Program: Form ETA-9142B filing tip for jobs covered by temporary need exemption under the National Defense Authorization Act for Fiscal Year 2019
The Office of Foreign Labor Certification (OFLC) is announcing a new filing tip for employers submitting an H-2B Form ETA-9142B in connection with a future filed H-2B nonimmigrant petition that falls under section 1045 of the National Defense Authorization Act (NDAA) for Fiscal Year 2019, as discussed in United States Citizenship and Immigration Services (USCIS) Policy Memorandum, PM-602-0164, for services or labor to be performed by H-2B workers in the Commonwealth of the Northern Mariana Islands (CNMI). An employer requesting H-2B temporary labor certification, whose job opportunity qualifies for the NDAA temporary need exemption described in PM-602-0164, should indicate such exemption in Section B.9 (Statement of Temporary Need) of the Form ETA-9142B in lieu of a temporary need statement. Specifically, a qualifying employer should enter the following statement in Section B.9: "N/A - job opportunity for services or labor to be performed by H-2B workers in the CNMI qualifies for NDAA temporary need exemption under USCIS PM-602-0164." This standard language is designed to provide employers with an efficient and standard way to inform the OFLC Chicago National Processing Center that the job opportunity being requested for temporary labor certification is subject to the statutory exemption.
As USCIS will make the final decision as to whether an H-2B petition is covered by the provisions of section 1045 of the NDAA, and eligibility for the H-2B classification, employers are encouraged to review eligibility criteria carefully in PM-602-0164, which is available on USCIS’s website here: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-10-01-PM-602-0164-H-2B-Policy-Memorandum-to-Interpret-Guam.pdf.