H-2B Program

U.S. DEPARTMENT OF LABOR

iCERT VISA PORTAL SYSTEM
QUICK START GUIDE
H-2B APPLICATION FILING:
DOCUMENTS UPLOAD
FUNCTION (ENHANCEMENT)

Prepared by
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
200 Constitution Ave., NW
Washington, DC 20210

Office of Foreign Labor Certification

INTRODUCTION
Background
An employer seeking temporary labor certification under the H-2A or H-2B visa programs must submit an
application and all required supporting documentation to the Office of Foreign Labor Certification (OFLC)
either electronically using the iCERT System accessible at http://icert.doleta.gov or by U.S. mail. In
circumstances where the application is filed using the traditional paper-based method, the OFLC staff
manually enters the data and information contained on the paper application into the iCERT System’s
internal case management system for processing in a similar manner as those filed electronically.
Since 2013, the iCERT System has permitted employers or, if applicable, their authorized attorneys or
agents to submit H-2A and H-2B applications online, electronically upload supporting documentation, and
receive all communications during the processing of their applications via electronic mail (e-mail).
OFLC’s experience is that the submission of all required documentation, at the time of filing the
application, facilitates a more efficient and consistent review of the employer’s application, and reduces
the incidence of the OFLC Certifying Officer returning the incomplete application without further review or
issuing a Notice of Deficiency to request missing documentation.
The purpose of this Quick Start Guide is to help employers or, if applicable, their authorized attorneys or
agents understand how to navigate the enhanced document upload function for preparing H-2B
applications for temporary labor certification. This guide is not intended to replace other detailed iCERT
User Guides that may be found under the “User Guides” tab of the main iCERT System Homepage.

Purpose and Benefits
In an effort to provide better customer service and ensure more complete H-2B applications are submitted
for review, OFLC has released a new enhancement to the iCERT System’s H-2B application filing module
that will help employers or, if applicable, their authorized attorneys or agents identify and upload all
required documentation supporting their applications. These new system enhancements provide easy-tounderstand steps and instructions that customers will complete in order to submit more complete
applications for processing. We believe this enhancement will serve to clarify regulatory filing
requirements and improve the quality and consistency of H-2B applications received for processing. The
major features of this new enhancement include the following:
Feature

Description

Step 1: Emergency
Situations

Identifies whether the H-2B application is for an emergency situation
and dynamically requires that a statement or other documents
justifying the emergency be uploaded

Step 2: Prevailing Wage
Determination Look-Up

Permits employers to retrieve a valid PWD from their account and
associate it with the pending H-2B application without the need to
submit a copy of the Form ETA-9141. In circumstances where the
nd
employer needs to use a 2 PWD to support the application, the
external user can simply use the basic document upload feature to
nd
upload a copy of the 2 Form ETA-9141.

Step 3: Supporting
Documentation and
Information Upload

Dynamic document upload function that identifies the required
mandatory documents needed in order for the pending H-2B
application to be submitted for processing.

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Feature

Description

User Interactivity and
Related Material Retrieval

Permits employers to upload one or more supporting documentation
and easy-to-view mandatory “checklist” feature to ensure all minimum
document types have been uploaded.

H-2B APPLICATION FILING: ENHANCED ‘DOC’ UPLOAD STEP
The enhanced electronic document upload function (i.e., Step 12) of the H-2B Electronic Application
Filing module is designed to help employers or, if applicable, their authorized attorneys or agents
understand how to navigate the new mandatory documents upload function for preparing H-2B
applications for temporary labor certification. This section highlights the key features of this new
enhancement and how authorized iCERT Account Users interact with the functions.

Creating a New Form ETA-9142B
For more detailed information related to preparing an electronic Form ETA-9142B Application for
Temporary Employment Certification, please consult the H-2B External User Guide available on the
ICERT System Homepage. Authorized iCERT Account Users will perform the following basic steps to the
final step of the H-2B application preparation process (i.e., Step 12 Document Upload):
1. Navigate to the iCERT Public Home Page at https://icert.doleta.gov and Log in using your
account credentials
2. Navigate to the Portfolio Summary page by selecting the H-2B Visa Classification tab
3. Initiate an H-2B application by selecting the Begin New Form ETA-9142B button
4. Navigate Steps 2 – 11 and enter all required information for each section of the Form ETA9142B.
5. Navigate to Step 12 and the ‘Doc” Upload function

Document Upload (Case prep Step 12)
Upon reaching Step 12, the system will display a series of the 3 final sub-steps that will help you provide
the minimally required information and documentation needed to submit your H-2B application for
processing (see Figure 1 below).

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Figure 1. Step 12 ‘Doc’

Application Documents Step 1: EMERGENCY SITUATION
The system will require the iCERT Account User to select from a “Yes or No” radio button indicating
whether the filing is based on an emergency situation as described below. The default value for this
field is set to “No”.

Figure 2. Step 1: Emergency Situation
Under 20 CFR 655.17, the OFLC Certifying Officer (CO) may waive the time period(s) for filing the
Form ETA-9142B for employers that have good and substantial cause, provided that the CO has
sufficient time to thoroughly test the domestic labor market on an expedited basis and to make a
final determination. Good and substantial cause may include but is not limited to: the substantial
loss of U.S. workers due to an Act of God, or a similar unforeseeable man-made catastrophic event

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Office of Foreign Labor Certification

(such as an oil spill or controlled flooding) that is wholly outside the employer’s control,
unforeseeable changes in market conditions, or pandemic health issues.
IMPORTANT NOTES: If you select “YES”, please remember the following:


If you already have a valid prevailing wage determination (PWD), please proceed to Step 2
and provide the PWD Tracking Number from your Form ETA-9141.



If you did not previously apply for a PWD or otherwise possess a valid PWD, you must use
Step 3 below to upload a completed Form ETA-9141 requesting a PWD from the CO at the
time of filing your Form ETA-9142B.



For all emergency situations, you must use Step 3 below and upload a detailed statement or
other documentation substantiating the good and substantial cause that has necessitated the
waiver request.

Application Documents Step 2: PREVAILING WAGE DETERMINATION (FORM ETA-9141)
Except in emergency situations where the employer does not have a valid PWD, the system will
require the iCERT Account User to provide a valid PWD Tracking Number to associate with the H2B application. The system will provide the iCERT Account User with the option to “Search for
PWD” or “Manually Enter PWD”.

Figure 3. Step 2: Prevailing Wage Determination
Under 20 CFR 655.10, the employer must request and receive a PWD from the OFLC National
Prevailing Wage Center before filing the job order with the State Workforce Agency (SWA). The
PWD must be valid on the date the job order is placed or posted with the SWA and filing the H-2B
application with the OFLC CO, as required by 20 CFR 655.15.
Using the “Search for PWD” Function
If you already have a valid PWD for the occupational classification (SOC-O*NET) and location of
the job opportunity, you can quickly lookup, retrieve, and associate the PWD Tracking Number
associated with the H-2B application without having to submit a copy of the Form ETA-9141. To
use the PWD lookup function, please perform the following steps:
1. Select ‘Search for PWD’ radio button to enable Search PWD button. Click the ‘Search PWD’
button to open ‘PW Case Data Lookup’ function (see Figure 2 below). The results list will only
return PWDs that are complete (i.e., not still pending), still valid as of today’s date (i.e., not
currently expired), and owned by the iCERT Account User.

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2. If appropriate, use the basic search fields to narrow the results list of valid PWDs. It is highly
recommended that you search using a PW Tracking Number by entering the tracking number,
in whole or part. If you use the “State” drop down to narrow your results list, please remember
that this will filter the results list based on the main or first worksite entered on the Form ETA9141 only.
3. Once you have located a valid PWD, please select the desired PW Case Number link in the
first column and the system will pre-populate the PWD Tracking Number on the Step 2 field
“Valid PWD Tracking Number”.

Figure 4. PW Case Data Lookup
Using the “Manually Enter PWD” Function
If you do not want to use the search function or are having difficulty locating your valid PWD, then
you can use the manual function to enter the valid PWD Tracking Number.
1. Click the Manually Enter PWD radio button to enable the “Valid PWD Tracking Number” field.
2. Enter your PWD Tracking Number directly in the “Valid PWD Tracking Number” field.
IMPORTANT NOTES FOR STEP 2 – ENTERING PWDs:


Make sure you double-check your selection for accuracy! You can view the Form ETA9141 quickly by clicking on the Adobe PDF link. The system also displays the “Expiration
Date” for each PWD Tracking Number on the far right column.

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

If you identify your valid PWD using Step 2, you DO NOT need to include the PWD
Tracking Number on the Form ETA-9142B, Section G, Field 3.



If you selected the wrong PWD Tracking Number from the search function, you can go
back and reuse the search function to over-write the PWD Tracking Number in Step 2.



If you use the manual entry function, please make sure you enter a valid PWD Tracking
Number. The iCERT System will perform a basic edit check to ensure your entry is a valid
format and, if invalid, an error message will be displayed and the Submit Form button will
remain disabled until your entry is in a valid format.



For all PWD Tracking Numbers entered on the case preparation screen, the iCERT System
is not checking to ensure the entire manual case number represents a valid PWD
associated with your H-2B application. That is entirely your responsibility!



If your H-2B application requires a 2 valid PWD to cover all the worksites (e.g., itinerary
for employers engaged in reforestation or traveling carnivals), please use Step 3 below to
upload additional Form ETA-9141 PWDs in Adobe PDF format to cover all the worksites on
the application.

nd

Application Documents STEP 3: SUPPORTING DOCUMENTATION AND INFORMATION
Except as noted in this section, and once you have completed Steps 1 and 2, you are ready to
electronically upload any other documentation information to support your H-2B application.
Depending on the type and circumstances of your application, the iCERT System will provide a
dynamic “checklist” of minimally required documentation in order for the iCERT Account User to
click the Submit Form button.
The following table can be used to identify the minimum mandatory documentation that must be
uploaded in order to submit your pending H-2B application for processing. All documents
requiring a signature and date must be scanned and uploaded in Adobe PDF format.
INDIVIDUAL EMPLOYER
(Form ETA 9142B, Section C, Field 17 = “Individual Employer”)
Emergency
Situation

Minimum Required
Documents to Upload

NO




Copy of Signed/Dated Form ETA-9142B, Appendix B
Copy of Job Order Placed with SWA

YES






Copy of Signed/Dated Form ETA-9142B, Appendix B
Copy of Job Order Placed with SWA
Emergency Filing – Waiver Request Documentation
Completed Form ETA-9141 (only if Step 2 is not completed)

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JOB CONTRACTOR EMPLOYER
(Form ETA 9142B, Section C, Field 17 = “H-2A Labor Contractor or Job Contractor”)
Emergency
Situation

Minimum Mandatory
Documents to Upload



NO

Employer-Client Documentation
 Completed Form ETA-9142B Sections C and D, and Copy of Signed/Dated
Form ETA-9142B, Appendix B for the Employer-Client
 Temporary Need Documentation
 Copy of Executed Work Contract(s)





YES

Copy of Signed/Dated Form ETA-9142B, Appendix B
Copy of Job Order Placed with SWA

Copy of Signed/Dated Form ETA-9142B, Appendix B
Copy of Job Order Placed with SWA
Emergency Filing – Waiver Request Documentation
Completed Form ETA-9141 (only if Step 2 is not completed)

Employer-Client Documentation
 Completed Form ETA-9142B Sections C and D, and Copy of Signed/Dated
Form ETA-9142B, Appendix B for the Employer-Client
 Temporary Need Documentation
 Copy of Executed Work Contract(s)

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Office of Foreign Labor Certification

DOCUMENTATION RELATED TO FOREIGN LABOR RECRUITERS
Pursuant to 20 CFR 655.9, an employer is required to submit a copy of all agreements with any agent
or recruiter whom it engages or plans to engage in the international recruitment of H-2B workers
under the Form ETA-9142B. These agreements must contain a contractual prohibition against
charging fees, as set forth in 20 CFR 655.20(p). In addition, the employer and, if applicable, its
authorized attorney or agent must also provide the identity and location of all persons and entities
hired by or working for the recruiter or agent subject to the agreement(s), and any of the agents or
employees of those persons and entities, to recruit prospective foreign workers for the H-2B job
opportunities offered by the employer.
FOR EMPLOYERS USING FOREIGN LABOR RECRUITERS:
The iCERT Account User preparing the H-2B application for an employer who engages or plans to
engage foreign labor recruiters can use the following document types to upload one or more
documents to satisfy this regulatory requirement at the time of filing and avoid receiving a Notice of
Deficiency (NOD):



Foreign Labor Recruiter Agreement(s)
Foreign Recruiter Name(s) and Location(s)

Providing Certified English Translations: For agreement(s) written in a language other than English,
please submit certified translations so that the CO can determine whether they contain the required
contractual prohibition against charging workers fees. For any foreign language certified translation,
the translator must certify that s/he is competent to translate and that the translation is accurate. The
translation certification format should include the certifier's name, signature, address, and date of
certification. A suggested format is:
Certification by Translator I [typed name], hereby attest that I am fluent (conversant) in the
English and ________ languages, and that the above/attached document is an accurate
translation of the document attached entitled ______________________________.
Signature_________________________________ Date Typed Name Address
FOR EMPLOYERS NOT USING FOREIGN LABOR RECRUITERS:
If the employer is NOT engaging or planning to engage foreign labor recruiters, you can either (1) use
the document upload function and attach a statement indicating the employer not engaging or
planning to engage with any person(s) or entities in the international recruitment of H-2B workers
under this application, OR (2) insert the following suggested standard phrase into the Form ETA9142B, Section B, Field 9, Statement of Temporary Need:
“Employer certifies that it is not engaging or planning to engage with any person(s) or entities in the
international recruitment of H-2B workers under this application.”
1. Once you reach Step 3, review the types of documents identified on the ‘List of Mandatory
Documents’ table. The system will initially display a red “X” beside each mandatory document
type indicating that the system has not yet received an electronic upload (See Figure 5 below).

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Figure 5. Step 3: Mandatory Documents List and table
2. To upload a document, please select a document types from the Document Type dropdown
function.
3. Then, select the Browse button, locate your file in either .pdf, .txt, or .doc/.docx format, and then
select the file from your local/network desktop.
4. Click the Upload button to upload the file to the attached documents table (note: file attachment
to the case is not complete until you fully Submit the H-2B application for processing).
5. (OPTIONAL) The system allows you to remove or delete any erroneous files by selecting a
checkmark next to the filename in question, then click the Delete Selected Attachments button
(see Figure 6 below).



For each document uploaded, the system will display a green “ ” beside each mandatory
document type indicating that the system has temporarily received an electronic document
associated with the pending H-2B application (See Figure 6 below).

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Figure 6. Document Upload Feature
6. Once you have uploaded all the minimum mandatory documents, please make sure that you
have uploaded all other necessary documentation to support your application in order to avoid
receiving a NOD. Below are two examples in which additional documentation must be
submitted with your H-2B application:
Agent Agreement: If the application is being filed on behalf of an employer by an agent,
please use the document upload function to provide a copy of a valid agent agreement or other
document demonstrating the agent’s authority to represent the employer.
MSPA Certificate of Registration: If applicable, where the employer and/or agent is required
under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) to have a
Certificate of Registration, please use the document upload function to provide a current copy
of the certificate which identifies the specific farm labor contracting activities that the agent is
authorized to perform.
IMPORTANT NOTE: A list of missing documents will be presented to you on the presubmission page in the event any mandatory documents were not already uploaded (See
Figure 7 below).

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Figure 7. Pre-Submission page
7. After all electronic documents have been uploaded, you can select the Next button to navigate to
the Pre-submission page.
8. Once you have reviewed your entire application package for accuracy, please select the Submit
Form button to submit the application for processing.

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