Labor certification process for the temporary employment
Technical changes and corrections to the H-2B labor certification process.
To be published in the Federal Register September 3, 2009.
Technical changes & corrections to the H-2B labor-certification process
Recent technical changes and corrections to the H-2B labor-certification process mostly tidy up filing mechanics, electronic forms, and agency procedures. This helps employers and practitioners file and track petitions more reliably. These changes are not sweeping policy rewrites, but they do matter for timing and compliance. The key points below summarize what to expect and where to check.
First, DHS and DOL finalized a modernization rule that updates H-2 program regulations and adds a number of procedural clarifications. This includes definitions, filing windows, and certain eligibility/oversight provisions. The rule took effect in January 2025 and includes provisions intended to strengthen program integrity while increasing some worker flexibilities.
Second, DOL continues to move more H-2B labor-certification activity online via the FLAG/e-filing system and updated form versions. For example, changes to ETA-9142-B attestations and supporting-document expectations have been updated. Practically, this means employers should use the updated online workflows, follow the new attestation text, and upload organized, tabbed exhibits to avoid avoidable processing delays.
Third, for FY2025 the agencies exercised time-limited authority to add supplemental H-2B visas. This is an administrative allocation process that affects how quickly certified labor positions translate into visa numbers and consular appointments. Employers must track allocation windows and follow any new distribution rules announced by DHS/DOL.
Fourth, USCIS and DOL guidance pages have been updated to reflect filing practice changes. This includes processing notes, case-status tips, and interactions between the temporary labor certification and I-129 petition steps. Check both agencies’ H-2B pages for the latest processing alerts and to confirm which form versions are acceptable.
Practical takeaways: use the FLAG e-file system and confirm you’re using the current ETA-9142-B and attachments checklist. Also, build extra time into timelines for uploads and RFEs, and monitor DOL/DHS announcements for allocation or cap-increase windows. If you want, I can draft a one-page filing checklist (ETA-9142-B items, required attestations, exhibit order) tailored to your next H-2B petition.