Good afternoon,

The final supplemental rule was posted to the Federal Register by the Department of Homeland Security today! Also here is the attestation form for irreparable harm (remember DOL will be auditing much more robustly this year).

In support of this rule, the Office of Foreign Labor Certification (OFLC) has posted the new Form ETA-9142-B-CAA-4 and the accompanying instructions. The temporary rule requires an employer to attest, among others, to the fact that it will likely suffer irreparable harm if it cannot employ the requested H-2B workers. This attestation must be submitted to the United States Citizenship and Immigration Services along with Form I-129, in support of an H-2B application subject to the H-2B cap before the end of FY 2021. The attestation is also available on the Forms page of the OFLC website found at: www.dol.gov/agencies/eta/foreign-labor/forms.

Warm Regards,

John

John McMahon | Chief Executive Officer
Associated Landscape Contractors of Colorado