The H-2B program runs on forms, and, in fact, each one has a specific job. This reference chapter lists the H-2B forms an employer, a worker and their attorney will encounter, explains what each one does and who files it, and closes with a glossary of the agencies, systems and terms used throughout this guide.
H-2B Visa Guide · Chapter 11 of 11
H-2B Visa Guide: all 11 chapters
- 1. H-2B Visa Requirements
- 2. H-2B Temporary Need
- 3. The H-2B Process Step by Step
- 4. The H-2B Cap and Lottery
- 5. H-2B Employer Obligations
- 6. H-2B Notices of Deficiency, RFEs and Denials
- 7. The H-2B Visa Interview
- 8. H-2B for Families
- 9. H-2B Extensions and the EB-3 Green Card
- 10. H-2B Compliance
- 11. H-2B Forms and Glossary
Key takeaways on H-2B forms
- DOL forms come first: ETA-9141 for the prevailing wage, then ETA-9142B with Appendix B and the job order for the labor certification.
- USCIS forms come next: Form I-129 with the H Classification Supplement, plus G-28 if an attorney appears and a payment form if filing on paper.
- The worker files Form DS-160 with the Department of State.
- Every H-2B form must tell the same story. Identical duties, hours, dates, wage and headcount across the forms prevent most deficiencies.
Department of Labor H-2B forms
| Form | What it does | Who files and where |
|---|---|---|
| ETA-9141 | Application for Prevailing Wage Determination. Describes the job and worksite so DOL can classify the occupation and set the wage. | Employer or attorney, through FLAG, to the National Prevailing Wage Center. |
| ETA-9142B | H-2B Application for Temporary Employment Certification. States the need, dates, number of workers, wage, hours and terms. | Employer or attorney, through FLAG, to the Chicago National Processing Center. |
| Appendix B | The employer’s signed attestations to every program obligation. | Also filed with the ETA-9142B. |
| Job order | The public job posting with all required terms and assurances. Placed with the state workforce agency and on SeasonalJobs.dol.gov. | Filed with the ETA-9142B; transmitted to the SWA. |
| Statement of Temporary Need | The written explanation of the seasonal, peakload, intermittent or one-time need, with the headcount derivation. | Attached to Section B of the ETA-9142B. |
| Recruitment report | Lists each U.S. applicant and the result, with lawful reasons for any rejection. | Employer, after recruitment, to DOL. |
| Agent and recruiter agreements | Copies of agreements with agents and foreign recruiters, which must prohibit fees to workers. | Filed with the ETA-9142B. |
| Separation notice | Written notice that a worker left early or stopped reporting. | Employer, to OFLC and to USCIS, within two work days. |
USCIS H-2B forms
| Form | What it does | Notes |
|---|---|---|
| I-129 | Petition for a Nonimmigrant Worker. Requests H-2B classification for named or unnamed workers. | Filed with the H Classification Supplement and a copy of the labor certification. |
| I-907 | Request for Premium Processing Service. | $1,780 for H-2B since March 1, 2026; decision within 15 business days. |
| G-28 | Notice of Entry of Appearance as Attorney. | As a result, USCIS can communicate with counsel. |
| G-1450 / G-1650 | Authorization for card payment or ACH debit for paper filings. | A failed payment rejects the whole package; clear any bank debit block in advance. |
| I-94 | Arrival and departure record showing status and expiration. | Issued electronically by CBP at entry. |
| I-9 | Employment Eligibility Verification. | Completed by the employer within three business days of hire. |
Department of State H-2B forms
- DS-160: the online nonimmigrant visa application each worker completes before the interview.
- Visa fee receipt and appointment confirmation: required to attend the interview.
- Worker rights pamphlet: the State Department’s notice of rights and protections, which workers should receive and understand.
Forms for the green card path
- ETA-9141 (permanent): a separate prevailing wage request for the permanent job.
- ETA-9089: the PERM application for permanent labor certification, filed in FLAG.
- I-140: the immigrant petition for an alien worker.
- DS-260 or I-485: the immigrant visa application abroad, or adjustment of status in the United States.
H-2B glossary
The glossary below defines the terms used in H-2B forms and throughout this guide. In addition, it explains the agencies and systems behind each form.
H-2B terms from A to F
- Area of intended employment
- The area within normal commuting distance of the worksite. Therefore, workers may not be placed outside it without a new certification.
- BALCA
- The Board of Alien Labor Certification Appeals, which reviews H-2B denials on the existing record.
- Cap
- The statutory limit of 66,000 new H-2B workers per fiscal year, in two halves of 33,000.
- Cap-exempt
- A petition that does not use a new cap number, such as an extension or a change of employer.
- Certifying Officer (CO)
- The DOL official who decides H-2B applications and issues deficiency notices.
- CBP
- U.S. Customs and Border Protection, which decides admission at the port of entry.
- Corresponding employment
- U.S. workers doing substantially the same work, who are entitled to equal terms. However, DOL is barred from enforcing this definition under current appropriations law.
- Date of need
- The first date the employer needs the workers, which sets the 75-to-90-day filing window.
- Debarment
- A one-to-five-year bar from DOL labor certification programs for serious violations.
- Eligible countries list
- The annual DHS list of countries whose nationals may participate in H-2B without a special showing.
- FEIN
- Federal Employer Identification Number, required of every H-2B employer, including households.
- FLAG
- DOL’s Foreign Labor Application Gateway, the online system for H-2B and PERM filings.
H-2B terms from G to O
- Grace period
- Time before or after the validity period, or after employment ends, when a worker may remain without working, or seek new employment.
- Job order
- The public posting of the job opportunity with all required terms.
- Kentucky Consular Center (KCC)
- The State Department office that makes approved petitions available to consulates.
- NOA
- Notice of Acceptance, DOL’s notice that an application is accepted for processing and recruitment can begin.
- NOD
- Notice of Deficiency, DOL’s notice that an application must be corrected within 10 business days.
- NPWC and NPC
- DOL’s National Prevailing Wage Center and Chicago National Processing Center.
- OEWS
- The BLS Occupational Employment and Wage Statistics survey, the usual source of H-2B prevailing wages.
- OFLC
- DOL’s Office of Foreign Labor Certification.
- One-time occurrence
- A temporary need standard that can support a certification of up to three years.
H-2B terms from P to Z
- Peakload
- A temporary need to supplement permanent staff during a short-term surge.
- PERM
- The permanent labor certification process that starts most EB-3 green card cases.
- Premium processing
- A USCIS service that guarantees action on a petition within 15 business days for an added fee.
- Prevailing wage determination (PWD)
- DOL’s decision on the minimum wage for the occupation and area.
- Randomization
- DOL’s lottery ordering of H-2B applications filed in the first three days of January for April 1 start dates.
- RFE
- Request for Evidence, a USCIS notice asking for more documents before deciding a petition.
- Seasonal need
- A temporary need tied to a recurring season, event or pattern.
- SeasonalJobs.dol.gov
- DOL’s public website listing H-2A and H-2B job orders for U.S. workers.
- SOC code
- The Standard Occupational Classification code that DOL assigns to the job.
- SWA
- State workforce agency, which posts the job order and refers U.S. applicants.
- Supplemental visas
- Additional H-2B numbers above the cap that DHS releases by temporary final rule in some years.
- Three-fourths guarantee
- The promise to offer work for at least three-fourths of the workdays in each 12-week period.
- VIBE
- USCIS’s Validation Instrument for Business Enterprises, which verifies petitioners through commercial data.
- WHD
- DOL’s Wage and Hour Division, which investigates H-2B compliance.
Planning an H-2B season, or answering a deficiency notice? Talk with Frontera Labor about your business or household.
Frequently asked questions
What forms are needed for an H-2B visa?
The employer files Form ETA-9141, then Form ETA-9142B with Appendix B and a job order, then Form I-129 with USCIS. Each worker files Form DS-160 for the visa interview.
What is Form ETA-9142B?
It is the H-2B Application for Temporary Employment Certification filed with DOL. It states the employer’s temporary need, the number of workers, the dates and the terms of employment.
Who signs the H-2B forms?
The employer signs the ETA-9142B, Appendix B and Form I-129, and the attorney signs as preparer and on the G-28. Signatures must be current and conforming, because signature errors commonly trigger USCIS requests for evidence.
Official sources: DOL OFLC: H-2B program · 20 CFR Part 655, Subpart A · 8 CFR 214.2 · USCIS: H-2B temporary non-agricultural workers · DOL FLAG processing times · SeasonalJobs.dol.gov · State Department: temporary worker visas
Attorney advertising. This guide is general information as of October 2026, not legal advice for your situation, and it does not create an attorney-client relationship. Immigration rules, fees, processing times and cap figures change often. Prior results do not guarantee a similar outcome.
