USCIS Publishes Federal Register Notices Announcing H-2A and H-2B Petitions
On March 5, 2020, USCIS published two Federal Register notices regarding the submission of final determination forms with H-2A and H-2B petitions. The notices, one for H-2A and one for H-2B, announce that petitioners must submit a printed copy of the electronic final determination form granting temporary labor certification (TLC) under the H-2A or H-2B programs through the U.S. Department of Labor’s (DOL) Foreign Labor Application Gateway (FLAG) system with the corresponding H-2A or H-2B petition as evidence of an original valid or original approved TLC. USCIS previously announced the requirement on our website on July 26, 2019. Employers whose application for a TLC was processed in FLAG must include a printed copy of the electronic one-page Form ETA-9142B, Final Determination: H-2B Temporary Labor Certification Approval, with their Form I-129, Petition for a Nonimmigrant Worker, H-2B petitions, and USCIS will consider this printed copy as an original and approved TLC. On Oct. 1, 2019, USCIS announced that the electronic one-page Form ETA-9142A, Final Determination: H-2A Temporary Labor Certification Approval, must be submitted with Form I-129 H-2A petitions.
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