Labor Dept Seeks Input on Streamlining H-2B Worker Forms
Published Date: 3/17/2026
Notice
Summary
The Department of Labor wants to update and renew the forms used in the H-2B Foreign Labor Certification Program, which helps employers hire temporary non-agricultural workers from other countries. They plan to get rid of one form that’s no longer needed to make things easier and reduce paperwork. Employers and the public can send their thoughts by May 18, 2026, so changes can be smooth and less costly.
Analyzed Economic Effects
4 provisions identified: 1 benefits, 3 costs, 0 mixed.
H-2B Forms Renewed; Paperwork Burden Continues
The Department of Labor seeks to renew the H-2B forms including Form ETA-9142B, Appendices A-D, and the Final Determination. DOL estimates 106,925 annual respondents, 445,871 annual responses, an average time per response of 2 hours and 45 minutes, total annual burden of 128,851 hours, and total annual other costs of $1,771,920.
Appendices A–D Require Detailed Employer Disclosures
Appendix A requires disclosure of additional work sites and multiple wage offers; Appendix B requires employers to attest to compliance with H-2B terms and conditions; Appendix C requires disclosure of the identity and location of foreign labor recruiters and their agents; Appendix D requires joint employers to disclose employer-client name and contact information.
Form ETA-9155 Proposed Elimination
DOL proposes to eliminate Form ETA-9155 (H-2B Registration) because employers are not required to complete or file it; the department says an internal process issues registration numbers instead. Eliminating the form would remove the form's estimated time, recordkeeping, and cost burdens associated with that specific form.
Seafood Industry Staggering Attestation Requirement
The Form ETA-9142B Seafood Industry Attestation is proposed for a three-year renewal without change. Seafood employers who wish to stagger H-2B worker entry between 90 and 120 days after the certified start date must complete this attestation and give a copy to each H-2B worker to present to DHS upon request.
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Key Dates
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