EMPLOYMENT AND TRAINING ADMINISTRATION
ADVISORY SYSTEM
U.S. DEPARTMENT OF LABOR
Washington, D. C. 20210 		CLASSIFICATION

UI
CORRESPONDENCE SYMBOL

OWS
ISSUE DATE

March 23, 2004
RESCISSIONS

None

 EXPIRATION DATE

December 31, 2004

ADVISORY : FIELD MEMORANDUM NO. 10-04
 
TO : ALL REGIONAL ADMINISTRATORS
 
FROM : JACK H. RAPPORT /s/
Administrator
Office of Field Operations
 
SUBJECT : FM 10-04 Standard Operating Procedures for Processing H-2B Temporary Labor Certification Applications in Nonagricultural Occupations

  1. Purpose. Communication of the standard operating procedures for processing H-2B temporary labor certification applications in nonagricultural occupations with regard to the "letter of support" for temporary need justification.

  2. References. General Administration Letter No. 1-95, Procedures for H-2B Temporary Labor Certification in Nonagricultural Occupations, General Administration Letter No. 1-95, Change 1: Procedures for H-2B Temporary Labor Certification in Nonagricultural Occupations - Forestry Workers, Title 20 Code of Federal Regulations Parts 652 and 655, Title 8 Code of Federal Regulations 214.2(h)(6).

  3. Background. It has been brought to the attention of the National Office that there have been inconsistencies among the Regional Offices regarding the requirement that the employer's "letter of support" (temporary need justification) be signed by the employer to ensure that employers are in agreement with their agents/attorneys regarding their temporary need statement prior to the submittal of the H-2B application.

  4. Action Required. Regional Administrators are requested to provide the following clarification and guidance to appropriate staff.

    a) The "letter of support" (temporary need justification), submitted by employers for H-2B temporary labor certification in nonagricultural occupations, must be signed by the employer and written on the company’s letterhead.

    b) The one exception to the company letterhead requirement, is for a "letter of support" that is submitted by a household with the intention to employ a domestic worker(s). In such instances, the "Letter of support" must be signed by the employer and the employer’s address written at the top of the letter.

    c) This guidance will not apply to H-2B applications where recruitment has already begun.

  5. Inquiries. Inquires should be directed to Ms. Charlene Giles at (202) 693-2950.