H-2B Petitioners Must Include Temporary Labor Certification Final Determination with Form I-129

Minimum Investments, Targeted Employment Area Designations Among Reforms

On July 3, the U.S. Department of Labor (DOL) implemented its new Foreign Labor Application Gateway (FLAG) system for the H-2B temporary non-agricultural worker program. As of July 3, employers who file an H-2B application for temporary labor certification in FLAG will only receive a temporary labor certification electronically.

H2B VisasIf your application for a temporary labor certification was processed in FLAG, you must include a printed copy of the electronic one-page “final determination” of your H-2B temporary labor certification approval when you submit your Form I-129, Petition for a Nonimmigrant Worker. We will consider a printed copy of the final determination as your original and approved temporary labor certification.

You must also ensure that the DOL Case Number identified on the final determination is the same as the ETA Case Number you provide in Part 5, Item 2 of your Form I-129.


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