• a. The employer has not employed workers to perform the services or labor in the past and that the employer will not need workers to perform the services or labor in the future.
• b. The employer has an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.

Example:
Employer obtains an unexpectedly large, onetime contract to furnish a product or service considerably above its current capacity.

2. Seasonal need
The employer must establish that the service or labor is traditionally tied to a season of the year by an event or pattern and is of a recurring nature.

Example:
The occupation is available mainly due to a season, because the weather prevents activity during the remainder of the year. For example: Ski Instructors or Landscape Laborers.

3. Peakload need
The employer must establish that it regularly employs permanent workers to perform the services or labor at the place of employment and also that it needs to supplement its permanent staff on a temporary basis. This would be due to a seasonal or shortterm errand with temporary employees who will not become a part of the regular operation. The category overlaps, to some extent, with onetime or seasonal categories. The employer has a greater demand for workers during the height of the busy season as opposed to the beginning and ending periods of the seasonal bulge.

Example:
A hotel hiring additional housekeepers during the tourist season (their busiest season).

4. Intermittent need
The employer must establish that it has not employed permanent or fulltime workers to perform the services or labor, but occasionally or intermittently needs temporary workers for a short period.

Example:
The temporary need for a repairperson or a technician to work on machines that were purchased abroad.

Filing Process:
The prospective employer must complete Form ETA 750, Part A, in triplicate. The forms must be doublesided and contain the employer's original signature (no copies).

• If an attorney is representing the employer then a G28 form must also be submitted with the application.
• The employer must provide a letter describing and justifying the temporary need (onetime occurrence, seasonal, etc.) for employing the worker. The letter must be on the employer's letterhead and signed by the same employer who signed the ETA 750 forms.
• The application may not be submitted more then 120 days before the foreign workers are needed on the job. However, to allow sufficient time to process the application it is advised that the application be submitted at least 90 days before the worker is needed.
• The application will be given a priority date (the filing date) and evaluated by the Foreign Labor Certification (FLC) staff. The employer will be notified of any deficiencies with the application that must be corrected to continue processing.
• A job order will be placed for recruitment in a computerized job bank for 10 days. In addition, the employer will be given instructions on placing a job advertisement (published 3 consecutive days) in a newspaper for recruiting U.S. workers.
• During the time of recruitment the FLC staff collects and reviews all resumes, applications and letters of interest from individuals.
• After the 10 days of recruitment ends the employer is referred all qualified applicants for further contact and an interview. The employer is also provided with written instructions for preparing the results of recruitment. In the recruitment results the employer must provide lawful job related reasons for not hiring a referred U.S. worker.
• The employer sends the recruitment results and the tearsheets (the newspaper page displaying the employer's ad) to the FLC Unit for further processing. The recruitment results are evaluated and the employer or employer's representative is contacted concerning any deficiencies in the documents.
• The application is prepared for transmittal to the U.S. Department of Labor by FLC staff for a certification determination.
• The Regional Certifying Officer issues the "Final Determination," which either grants certification or denies certification.
• A certification is to be used by the employer in support of petitioning for an H2B visa with the U.S. Citizenship and Immigration Services (formally INS).
• Appeals to a denial issued by the Certifying Officer must be filed with the USCIS.

Wage Requirements:
The Immigration and Nationality Act (INA) requires that the wage paid to temporary foreign workers must meet or exceed the prevailing wage. The prevailing wage is the rate of pay that other (U.S.) workers receive in a similar occupation with similar qualifications in the same area of employment. The employer may request a prevailing wage determination prior to submitting the application by filling out the Prevailing Wage Request Form.