There have been reports of phone calls made from a Department of Labor phone number (202-693-2700) soliciting personal information and/or promising funds to those receiving the calls. These calls were not authorized by the Department of Labor. ETA and the Department of Labor do not and will not solicit Personally Identifiable Information, such as your Social Security number, or other personal information, over the phone. If you receive a call like this from a number that looks like an ETA phone number, consider it a spam call, hang up, and report the call to the US Department of Labor at 1-855-522-6748.

For more information about how to recognize spam calls, please reference the IRS site about recognizing these imposter calls: https://www.irs.gov/newsroom/how-to-know-its-really-the-irs-calling-or-knocking-on-your-door-0

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Foreign Labor Certification

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Home Link H-2B Temporary Non-agricultural Program


  • The 2016 Department of Labor Appropriations Act (Division H, Title I of Public Law 114-113) (2016 DOL Appropriations Act), which was enacted on December 18, 2015, contained several provisions requiring non-substantive modifications to (1) the Form ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey and (2) Appendix B of the Form ETA-9142B, H-2B Application for Temporary Employment Certification. In order to comply with the 2016 DOL Appropriations Act, the Office of Foreign Labor Certification (OFLC) submitted these non-substantive modifications to the Office of Management and Budget (OMB) for review and approval. The OMB has now approved the non-substantive modifications. Therefore, the OFLC Certifying Officers (COs) may issue H-2B prevailing wage determinations based on the submission of a private survey, and may now certify H-2B applications for temporary labor certification, so long as all applicable program requirements are met.


    Employers Requests for H-2B Temporary Labor Certification

    • Prior to February 1, 2016, employers with either a pending H-2B application or those who file a new H-2B application containing the previous Appendix B will be provided with a copy of the revised Appendix B at the time the CO issues a certification decision. They will also receive instructions in the Final Determination Letter regarding how to complete the revised Appendix B for submission to the United States Citizenship and Immigration Services.
    • On or after February 1, 2016, employers or their authorized representatives filing a new H-2B application must submit a signed and dated copy of the revised Appendix B containing the program assurances and obligations that comply with the 2016 DOL Appropriations Act. Otherwise, the CO will issue a Notice of Deficiency requesting that the employer provide a signed and dated copy of the revised Appendix B.

    To obtain a copy of the Emergency Guidance (updated January 5) reflecting these changes, please click here.

    To obtain a copy of the revised Appendix B, Form ETA-9142B, please click here.

    To obtain a copy of the Department's latest Frequently Asked Question concerning corresponding employment, please click here.