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

USCIS announced that employers whose H-2B application was processed in FLAG must include a printed copy of the electronic one-page “final determination” of their H-2B temporary labor certification approval when submitting Form I-129, Petition for a Nonimmigrant Worker. USCIS will consider a printed copy of the final determination as the original and approved temporary labor certification. Employers must also ensure that the DOL Case Number identified on the final determination is the same as the ETA Case Number provided in Part 5, Item 2 of Form I-129.

Related Resources

• USCIS Notice of Requirement of the Temporary Labor Certification Final Determination Under the H-2B Program (85 FR 13178, 3/6/20)
• OFLC Announces Changes to the FLAG System for CW-1 and H-2B Programs
• OFLC Provides List of Randomized H-2B Applications Submitted July 3–5 for Employers Seeking H-2B Workers Starting October 1, 2019
• OFLC Provides Updates on H-2B Filings Under New FLAG System
• DOL Provides Presentation on Creating and Submitting H-2B Application Forms Using the FLAG System