Form ETA-9142-B-CAA-3

OMB Approval: 1205-XXXX
Expiration Date: XX/XX/XXXX

Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers
Under Section 105 of Division H of the Consolidated Appropriations Act, 2019 Public
Law 116-6 (February 15, 2019)
Form ETA-9142-B-CAA-3
General Instructions
U.S. Department of Labor

Please read these instructions carefully before completing the Form ETA-9142-B-CAA-3, Attestation
for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 105 of Division H of
the Consolidated Appropriations Act for Fiscal Year (FY) 2019. These instructions contain
explanations of the attestations and information collection that make up the Form ETA- 9142-BCAA-3. In accordance with Federal Regulations at 8 CFR 214.2, 20 CFR 655.64 and 20 CFR
655.66, an eligible employer must prepare and file a completed Form ETA-9142-B- CAA-3 with the
Department of Homeland Security’s (DHS), United States Citizenship and Immigration Services
(USCIS), at the appropriate service center in order to employ H-2B workers in fiscal year 2019. All
required fields/items must be completed.
OMB NOTICE:
Members of the public are not required to respond to this collection of information unless it displays
a currently valid OMB control number. Obligations to reply are required (Immigration and Nationality
Act, 8 U.S.C. 1101, et seq.). Public reporting burden for this collection of information, which is to
assist with program management and to meet Congressional and statutory requirements is
estimated to average 5.75 hours per response, including the time to review instructions, search
existing data sources, gather and maintain the data needed, and complete and review the collection
of information. Members of the public may send comments regarding this burden estimate or any
other aspect of this collection of information, including suggestions for reducing this burden, to the
U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor
Certification, 200 Constitution Ave., NW, Suite PPII 12-200, Washington, DC, 20210. (Paperwork
Reduction Project OMB 1205-xxxx) DO NOT send the completed attestation to this address.
HOW TO FILE:
The attestation must be filed on Form ETA-9142-B-CAA-3, Attestation for Employers Seeking to
Employ H-2B Nonimmigrant Workers Under Section 105 of Division H of the Consolidated
Appropriations Act (OMB Approval Number 1205-XXXX). Once the Form ETA-9142-B-CAA-3 is
completed, the employer or its authorized attorney or agent must submit the completed attestation
to USCIS along with the approved Form ETA-9142B, Application for Temporary Employment
Certification, a copy of the signed and dated Appendix B, and all forms, fees and documentation
required by USCIS to support a petition with USCIS under the H-2B visa classification.

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OMB Approval: 1205-XXXX
Expiration Date: XX/XX/XXXX

In accordance with Federal Regulations at 8 CFR 214.2 and 20 CFR 655.64, an eligible
employer must prepare and file a completed Form ETA-9142-B-CAA-3 directly with the DHS
USCIS at the appropriate service center in order to employ H-2B workers in fiscal year 2019.
ATTESTATIONS:
The employer must carefully read and agree to attestation statements (A) through (H) on the form
and demonstrate agreement to accuracy and compliance by signing the form. An employer
completes this attestation to document its agreement to abide by certain requirements as a
condition of receiving authorization to employ certain nonimmigrant workers under the H-2B visa
classification. This signed attestation form, along with all other supporting documentation and
information, must be retained by the employer in accordance with 20 CFR 655.66, 20 CFR 655.56,
and 29 CFR 503.17.
Note: This attestation does not apply to workers who have already been counted under the
fiscal year 2019 H-2B (66,000) cap or those who are exempt from the fiscal year 2019 H-2B
cap.
Attestation (A): The employer must verify that it has a valid and certified Form ETA-9142B seeking
to employ H-2B nonimmigrant workers for temporary employment within the United States.
Attestation (B): The employer must verify that it has an approved Form ETA-9142B issued by the
Department of Labor (DOL) containing a completed Section K and a certified start date of work before
October 1, 2019, and the certified end date of work has not elapsed.
Attestation (C): The employer must attest, pursuant to 20 CFR 655.64(b) and (d), to the likelihood of
irreparable harm if the employer’s business cannot employ all the H-2B nonimmigrant workers
requested on its I-129 petition, and provide all documents and records in the event of an audit,
investigation, or other request by DOL or DHS. The documents and records must provide evidence
that sufficiently establishes that the employer met its burden to demonstrate that if the petitioner’s
business is unable to employ H-2B workers for the remainder of this fiscal year, it would likely suffer
irreparable harm (that is, permanent and severe financial loss).
Important Note: If an audit, investigation, or other request for documentation occurs, DHS or DOL
will review all evidence to confirm that the petitioner properly attested and establish to DHS its
business needs. The attestation, however, only constitutes prima facie evidence that the petitioner
satisfies the eligibility requirements for petitions filed under.
Attestation (D): The employer must attest that it has a bona fide temporary need for the H-2B
workers listed on its approved Form ETA-9142B.
Attestation (E): The employer must attest that each of the workers, whether named or unnamed, it
will be requesting in its petition and/or instructing to apply for a visa under this petition have been
issued an H-2B visa or otherwise granted H-2B status during one of the last three (3) fiscal years
(Fiscal Years 2016, 2017 or 2018), consistent with 8 CFR 214.2(h)(6)(x).
Attestation (F): The employer must agree that if it is filing the Form ETA-9142-B-CAA-3 and the
Form I-129 petition 45 or more days after the certified start date of work, as shown on the Form
ETA-9142B, it will complete the additional recruitment required by 20 CFR 655.64. The additional
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OMB Approval: 1205-XXXX
Expiration Date: XX/XX/XXXX

recruitment, if required, must be completed in advance of H-2B workers commencing employment.
Attestation (F)(1): The employer must agree to place a new job order for the job opportunity
with the State Workforce Agency (SWA) serving the area of intended employment that
contains the job assurances and contents set forth in 20 CFR 655.18 for recruitment of U.S.
workers at the place of employment for at least 5 days beginning not later than the next
business day after 3 submitting a petition for an H-2B nonimmigrant worker(s) and this
accompanying attestation to U.S. Citizenship and Immigration Services. The employer should
use the job order previously placed with the SWA and associated with the approved Form
ETA 9142B, Application for Temporary Employment Certification, with minor adjustments to
apprise prospective U.S. applicants that the job opportunity remains open to any qualified and
eligible U.S. worker who apply.
Attestation (F)(2): The employer must agree to place one newspaper advertisement, which
may be published on any day of the week, meeting the advertising requirements of 20 CFR
655.41, during the period of time the SWA is actively circulating the job order for intrastate
clearance.
Attestation (F)(3): The employer must offer the job to all qualified and available U.S. workers
who apply for the job, or who are referred to the job, consistent with the hiring requirements in
20 CFR 655.40(a).
Attestation (G): The employer must agree to retain a copy of this signed attestation form, along with
evidence reasonably establishing that its business is likely to suffer irreparable harm (that is,
permanent and severe financial loss) without these H-2B nonimmigrant workers as set out in 20
CFR 655.64(b) and (d), for a period of 3 years from the date of certification, consistent with the
document retention requirements under 20 CFR 655.66, 20 CFR 655.56, and 29 CFR 503.17.
Attestation (H): The employer must agree to retain documentary evidence that each of the workers,
whether named or unnamed, it will be requesting on its H-2B petition are only workers who have
been issued an H-2B visa or otherwise granted H-2B status during one of the last three (3) fiscal
years (Fiscal Years 2016, 2017 or 2018), consistent with 8 CFR 214.2(h)(6)(x).
Attestation (I): The employer must agree to comply with all assurances, obligations, and conditions
of employment set forth in the Application for Temporary Employment Certification (Form ETA9142B and Appendix B) certified by the DOL for its job opportunity. Employers are reminded to
review and ensure they understand the obligations and assurances of Appendix B of Form ETA9142B.
PERJURY STATEMENT AND SIGNATURE
You must review and ensure that you are eligible and affirm all attestations prior to signing. When
you sign Form ETA-9142-B-CAA-3, Attestation for Employers Seeking to Employ H-2B
Nonimmigrant Workers Under Section 105 of Division H of the Consolidated Appropriations Act, you
are declaring under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Form ETA-9142-B-CAA-3 will not be considered complete and valid if
the application is not signed and dated by an individual who has the authority to sign Form ETA9142-B-CAA-3. An attorney or agent should not sign this section unless the attorney or agent is an
employee of the employer and has authority to sign as the employer.
Anyone who knowingly and willingly furnishes any false information in the preparation and
submission of the Form ETA-9142-B-CAA-3 and any supporting documentation, or aids, abets, or
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OMB Approval: 1205-XXXX
Expiration Date: XX/XX/XXXX

counsels another to do so is committing a federal offense, punishable by fine or imprisonment up to
five years or both (18 U.S.C. §§ 2, 1001). Other penalties apply as well to fraud or misuse of this
immigration document and to perjury with respect to this form (18 U.S.C. §§ 1546, 1621).
1. Enter the last (family) name of the person with authority to sign as the employer. Enter the first
(given) name of the person with authority to sign as the employer.
2. Enter the case number for your DOL-certified Form ETA-9142B.
3. The person with authority to sign as the employer must sign the application. Read the entire
application and verify all contained information prior to signing. The person with authority to sign as
the employer must date the application.
4. Use a month/day/full year (MM/DD/YYYY) format.

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