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.
The
publication of these Federal Register notices formally aligns USCIS procedures
with DOL’s transition to the new FLAG electronic filing
and application process system, through which DOL no longer provides the
employer or authorized attorney with a paper copy of a certified Form ETA-9142A
or Form ETA-9142B.
For more information contact us at http://www.beverlyhillsimmigrationlaw.com/
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