Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the Consolidated Appropriations Act, 2018, Public Law 115-141 (March 23, 2018)

OMB Approval: 1205-0531
Expiration Date: 11/30/2018

Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under
Section 205 of Division M of the Consolidated Appropriations Act, 2018
Public Law 115-141 (March 23, 2018)
Form ETA-9142-B-CAA-2
General Instructions
U.S. Department of Labor
Please read these instructions carefully before completing the Form ETA-9142-B-CAA-2,
Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 205 of
Division M of the Consolidated Appropriations Act for Fiscal Year (FY) 2018. These instructions
contain explanations of the attestations and information collection that make up the Form ETA9142-B-CAA-2. In accordance with Federal Regulations at 8 CFR 214.2, 20 CFR 655.64 and
20 CFR 655.66, an eligible employer must prepare and file a completed Form ETA-9142-BCAA-2 with the Department of Homeland Security’s (DHS) United States Citizenship and
Immigration Services (USCIS) at the appropriate service center in order to employ H-2B
workers in fiscal year 2018. All required fields/items must be completed.
OMB NOTICE:
Persons are not required to respond to this collection of information unless it displays a currently
valid OMB control number. Obligations to reply are required to obtain a benefit (Immigration
and Nationality Act, 8 U.S.C. 1101, et seq.). Public reporting burden for this collection of
information, which is to assist with program management and to meet Congressional and
statutory requirements is estimated to average 6.25 hours per response, including the time to
review instructions, search existing data sources, gather and maintain the data needed, and
complete and review the collection of information. Send comments regarding this burden
estimate or any other aspect of this collection of information, including suggestions for reducing
this burden, to the U.S. Department of Labor, Employment and Training Administration, Office of
Foreign Labor Certification, 200 Constitution Ave., NW, Suite PPII 12-200, Washington, DC,
20210. (Paperwork Reduction Project OMB 1205-0310.) Do NOT send the completed
application to this address.
HOW TO FILE:
The attestation must be filed on Form ETA-9142-B-CAA-2, Attestation for Employers Seeking to
Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the Consolidated
Appropriations Act (OMB Approval Number 1205-0531). Once the Form ETA-9142-B-CAA-2 is
completed, the employer or its authorized attorney or agent must submit the completed
attestation to USCIS together with the approved Form ETA-9142B, Application for Temporary
Employment Certification, a copy of the signed and dated Appendix B, and all forms, fees and
documentation required by USCIS to support a petition with the USCIS under the H-2B visa
classification.

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OMB Approval: 1205-0531
Expiration Date: 11/30/2018

In accordance with Federal Regulations at 8 CFR 214.2 and 20 CFR 655.64, an eligible
employer must prepare and file a completed Form ETA-9142-B-CAA-2 directly with the
Department of Homeland Security’s (DHS) USCIS at the appropriate service center in
order to employ H-2B workers in fiscal year 2018.
ATTESTATIONS:
The employer must carefully read and agree to attestation statements (A) through (G) on the
form and demonstrate agreement to accuracy and compliance by signing the form. An employer
completes this attestation to document the employer’s agreement to abide by certain
requirements as a condition of receiving authorization to employ certain nonimmigrant workers
under the H-2B visa classification. This signed attestation form along with all other supporting
documentation and information must be retained by the employer in accordance with 20 CFR
655.66, 20 CFR 655.56, and 29 CFR 503.17.
Attestation (A): The employer must verify that it has a valid and certified Form ETA-9142B
seeking to employ H-2B nonimmigrant workers for temporary employment within the United
States.
Attestation (B): The employer must verify that it has an approved Form ETA-9142B issued by
the Department of Labor (DOL) containing a completed Section K and a certified start date of
work before October 1, 2018, and the certified end date of work has not elapsed.
Attestation(C): The employer must attest, pursuant to 20 CFR 655.64(b) and (d), to the
likelihood of irreparable harm if the employer’s business cannot employ all the H-2B
nonimmigrant workers requested on its I-129 petition, and provide all documents and records in
the event of an audit, investigation, or other request by the Departments of Labor or Homeland
Security. The documents and records must include evidence sufficient to meet its burden to
demonstrate that if the petitioner’s business is unable to employ H-2B workers for the remainder
of this fiscal year, it would likely suffer irreparable harm (that is, permanent and severe financial
loss).
Important Note: If an audit, investigation, or other request for documentation occurs, the DHS
or DOL will review all evidence to confirm that the petitioner properly attested to DHS regarding
its business needs. The attestation, however, provides prima facie initial evidence that the
petitioner satisfies the eligibility requirements for petitions filed under this rule.
Attestation (D): The employer must attest that it has a bona fide temporary need for the H-2B
workers listed on its approved Form ETA-9142B.
Attestation (E): If the employer has an approved Form ETA-9142B reflecting a start date of need
before April 15, 2018, the employer must attest that it will complete the additional recruitment
required by 20 CFR 655.64. The additional recruitment must be completed in advance of H-2B
workers commencing employment. Note that, in some instances, H-2B workers may report to
the employer's worksite on or after October 1st.
Attestation (E)(1): The employer must agree to place a new job order for the job opportunity with
the State Workforce Agency (SWA) serving the area of intended employment that contains the
job assurances and contents set forth in 20 CFR 655.18 for recruitment of U.S. workers at the
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OMB Approval: 1205-0531
Expiration Date: 11/30/2018

place of employment for at least 5 days beginning not later than the next business day after
submitting a petition for an H-2B nonimmigrant worker(s) including this accompanying
attestation to U.S. Citizenship and Immigration Services. The employer should use the job order
previously placed with the SWA and associated with the approved Form ETA-9142B,
Application for Temporary Employment Certification, with minor adjustments to apprise
prospective U.S. applicants that the job opportunity remains open to any qualified and eligible
U.S. worker who apply; and
Attestation (E)(2): The employer must agree to place one newspaper advertisement, online or in
print, which may be published on any day of the week, meeting the advertising requirements of
20 CFR 655.41, during the period of time the SWA is actively circulating the job order for
intrastate clearance.
Attestation (E)(3): The employer must offer the job to all qualified and available U.S. workers
who apply for the job, or who are referred to the job, consistent with the hiring requirements in
20 CFR 655.40(a).
Attestation (F): The employer must agree to retain a copy of this signed attestation form and any
additional recruitment documentation, including a recruitment report that meets the
requirements for recruitment reports set forth in 20 CFR 655.48(a)(1),(2) & (7), together with
evidence reasonably establishing that its business is likely to suffer irreparable harm (that is,
permanent and severe financial loss) without these H-2B nonimmigrant workers as set out in 20
CFR 655.64(b) and (d), for a period of 3 years from the date of certification, consistent with the
document retention requirements under 20 CFR 655.66, 20 CFR 655.56, and 29 CFR 503.17.
Attestation (G): The employer must agree to comply with all assurances, obligations, and
conditions of employment set forth in the Application for Temporary Employment Certification
(Form ETA-9142B and Appendix B) certified by the DOL for its job opportunity. Employers are
reminded to review and ensure they understand the obligations and assurances of Appendix B
of Form ETA-9142B.
PERJURY STATEMENT AND SIGNATURE
You must review and ensure that you are eligible and affirm all attestations prior to signing.
When you sign Form ETA-9142-B-CAA-2, Attestation for Employers Seeking to Employ H-2B
Nonimmigrant Workers Under Section 205 of Division M of the Consolidated Appropriations Act,
you are declaring under penalty of perjury under the laws of the United States of America that
the foregoing is true and correct. Form ETA-9142-B-CAA-2 will not be considered complete
and valid if the application is not signed and dated by an individual who has the authority to sign
Form ETA-9142-B-CAA-2. An attorney or agent should not sign this section unless the attorney
or agent is an employee of the employer and has authority to sign as the employer.
Anyone who knowingly and willingly furnishes any false information in the preparation and
submission of the Form ETA-9142-B-CAA-2 and any supporting documentation, or aids, abets,
or counsels another to do so is committing a federal offense, punishable by fine or imprisonment
up to five years or both (18 U.S.C. §§ 2, 1001). Other penalties apply as well to fraud or misuse
of this immigration document and to perjury with respect to this form (18 U.S.C. §§ 1546, 1621).
1. Enter the last (family) name of the person with authority to sign as the employer. Enter the
first (given) name of the person with authority to sign as the employer.
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OMB Approval: 1205-0531
Expiration Date: 11/30/2018

2. Enter the case number for your DOL-certified Form ETA-9142B.
3. The person with authority to sign as the employer must sign the application. Read the entire
application and verify all contained information prior to signing. The person with authority to
sign as the employer must date the application.
4. Use a month/day/full year (MM/DD/YYYY) format.

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