Please watch: "The I-751 Petition Interview is Getting Harder! Some tips for 2018 and beyond! "
https://www.youtube.com/watch?v=eoNOWeVSt5Y --~--
This is part 3 of our 4 part series on the H-2B Visa certification process. Other parts can be found at links below:
1) H-2B Visa Certification: https://www.youtube.com/watch?v=2Q8sjkWJTbc&t=25s
2) H-2B Prevailing Wage Determination: H 2B Visa Prevailing Wage Determination Guide
--The 9142B Foreign Labor Certification is Certainly an Adventure--
If this video were classified as a genre, it would certainly fall into the Adventure/Suspense genre, because the 9142B Foreign Labor Certification will keep you on the edge of your seat as you must patiently await a decision from the Department of Labor. If you're looking for an informative text guide, keep scrolling--If you prefer to listen to and watch a video then here it is:
We briefly touched on the 9142B in our first installment of this video series--Part I, A Definitive Guide to H-2B Visa Certification in 2017. The Foreign Labor Certification from the DOL has become more and more important in recent years, so a top notch 9142B is essential to a successful H-2B Visa application.
--The 9142B Foreign Labor Certification is the 2nd Major Step in an H-2B Application--
If you watched our first two videos, then you may remember that the Prevailing Wage Determination, or PWD for short, is the first step in obtaining H-2B approval. If you paid attention, you'll remember that the 9141 document for the PWD is relatively simple and painless.
Receiving a Foreign Labor Certification from the DOL certainly cannot be interpreted as simple or painless. This part of the application is processed through iCert, an electronic portal used by the DOL. iCert facilitates the completion of your 9142B. The H-2B portion of iCert shows 12 steps or tabs that must be completed by an applicant. The first 11 are simply building on your 9141 and won't be too difficult. It's the last step in the 9142B that can be quite the adventure.
--Don't Forget Those Attachments with your 9142B--
The final tab of the application process via iCert is an attachments tab. Some of the documents you'll need to attach are simple and you already have them. Below is a common list of documents you will need to attach:
1) 9141 Prevailing Wage Determination
2) Job Order (You'll also send this to your State Workforce Agency)
Information about your foreign Recruiter
3) A tentative Agreement with your foreign Recruiter
4) 9142 Appendix B
5) G-28 (if you're an attorney)
6) Statement of Temporary Need
7) The Statement of Temporary Need is the MOST Difficult Part of a 9142B Foreign Labor Certification
That last attachment is what can take up days or more likely weeks of your time. Your Statement of Temporary Need is your opportunity to show the DOL that your need is "Temporary" and that it falls into one of the enumerated categories of "Intermittent" "One-Time" "Seasonal" or "Peak Load".
The Statement of Temporary Need needs to include all relevant documents including employee records, payroll records, business contracts, and tax records (just to name a few items). A Statement of Temporary Need can easily exceed 200 pages.
--Something Always Goes Wrong with your 9142B Submission(s)--
Whatever you do, don't try to make any changes via iCert. Even though you used it for your entire 9142B application, no changes can be made through this platform. There are a few things that might lead you to an opposite conclusion, but we are here to tell you not to fall for that fake because it will only delay your Foreign Labor Certification and your ability to file your I-129 with USCIS (but that gets us into another video).
Welcome to our channel, your go-to resource for everything related to the H-2B visa process! Whether you're a business owner, HR professional, or advocate for temporary workers, our weekly updates will keep you informed about the latest H-2B visa developments, trends, and tips. This channel used to reside on Damjan Denoble's primary Youtube channel, which is now more focused on entertainment videos, and it seemed like a good idea to separate this technical content from the other channel's entertainment focus.
Backed by years of experience in business immigration law, we specialize in helping entrepreneurs of all sizes navigate the complex world of temporary labor certification visas. The H-2B program is a vital tool for businesses seeking seasonal or one-time need workers, and we’re here to simplify the process for you.
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You can reach fronteraTECH Law firm here for H-2B Assistance:
Phone: 919-827-0918
Email: [email protected]
Website: https://fronteratech.com/en/our-team-best/consultation/