DOL reviews H-2B employer attestation form under 2024 appropriations rules
Published Date: 4/18/2025
Notice
Summary
The Department of Labor is asking for public feedback on a new form employers must fill out to hire H-2B temporary workers under updated 2024 rules. This form helps make sure employers follow the new limits and rules for these jobs. Comments are open until May 19, 2025, and this process aims to keep hiring fair and organized without extra costs for employers.
Analyzed Economic Effects
2 provisions identified: 1 benefits, 1 costs, 0 mixed.
FY2025 H-2B Cap Increase & Portability
The information collection supports a Temporary Final Rule that exercises time-limited authority to increase the H-2B numerical limitation for Fiscal Year 2025 and to provide portability flexibility for H-2B workers seeking to change employers. The regulatory requirements referenced will be codified at 8 CFR part 214 and 20 CFR part 655.
New H-2B Employer Attestation Form
If you are a private-sector employer seeking to hire H-2B nonimmigrant workers under Section 105 of the FY 2024 Omnibus (as extended), you must complete a new attestation form (Form ETA-9142-B-CAA-9). The Department of Labor estimates 26,065 respondents will complete the form, with a total annual time burden of 32,581 hours and an estimated other-cost burden of $0; the information collection is submitted for OMB review under control number 1205-0563.
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