Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers

OMB Approval: 1205-0563
Expiration Date: 04/30/2025

Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers
Under Section 105 of Division G, Title I of the Further Consolidated Appropriations Act, 2024, Public
Law 118-47, as extended by sections 101(6) and 106 of Division A, Title I of the Continuing
Appropriations and Extensions Act, 2025, Public Law 118-83
Form ETA-9142-B-CAA-9, General Instructions

Please read these instructions carefully before completing the Form ETA-9142-B-CAA-9, Attestation for
Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 105 of Division G, Title I of the
Further Consolidated Appropriations Act, 2024, Public Law 118-47, as extended by section 101(6) 16 of
Division A, Title I of the Continuing Appropriations and Extensions Act, 2025, Public Law 118-83. These
instructions contain explanations of the attestations and information collection that make up the Form ETA9142-B-CAA-9. In accordance with Federal Regulations at 8 CFR 214.2, 20 CFR 655.64, and 20 CFR
655.68, an eligible employer must prepare and file a completed Form ETA-9142-B-CAA-9 with the U.S.
partment of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS), at the current
filing location for H-2B petitions in order to employ H-2B nonimmigrant workers pursuant to a certified
temporary labor certification from the Department of Labor (DOL) which required that the worker(s) begin
employment on or after October 1, 2024 through September 30, 2025. All required fields/items must be
completed.
Public Burden Statement:
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
10.17 hours per response, including the time to review instructions, complete and submit the form,
comply with all requirements (e.g., recruitment; record keeping). 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 ofForeign Labor Certification, * 200 Constitution Ave., NW * Box N-5311 *
Washington, DC * 20210 or by email to [email protected]. (Paperwork Reduction Act OMB
1205-0NEW) DO NOT send the completed attestation to thisaddress.
HOW TO FILE: The attestation must be filed on Form ETA-9142-B-CAA-9, Attestation for Employers
Seeking to Employ H-2B Nonimmigrant Workers Under Section 105 of Division G, Title I of the Further
Consolidated Appropriations Act, 2024, Public Law 118-47, as extended by sections 101(6) and 106 of
Division A, Title I of the Continuing Appropriations and Extensions Act, 2025, Public Law 118-83, (OMB
Approval Number 1205-0NEW). Once the Form ETA-9142-B-CAA-9 is completed, the employer or its
authorized attorney or agent must submit it to USCIS along with the approved Form ETA-9142B, Final
Determination: H-2B Temporary Labor Certification Approval, and all forms, fees and documentation
required by USCIS to support a petition with DHS USCIS under the H-2B visa classification. A petition
may be filed with only a single Form ETA-9142-B-CAA-9.
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-9 directly with DHS USCIS at the
appropriate service center in order to employ H-2B workers under this temporary final rule.

Form ETA-9142-B-CAA-9: General Instructions

Page 1 of 11

OMB Approval: 1205-0563
Expiration Date: 04/30/2025

Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers
Under Section 105 of Division G, Title I of the Further Consolidated Appropriations Act, 2024, Public
Law 118-47, as extended by sections 101(6) and 106 of Division A, Title I of the Continuing
Appropriations and Extensions Act, 2025, Public Law 118-83
Form ETA-9142-B-CAA-9, General Instructions

REQUESTED ALLOCATIONS: The employer must specify, by marking one of the boxes provided in this
part of the Form ETA-9142-B-CAA-9, under which Fiscal Year (FY) 2025 supplemental allocation it will
be requesting workers in the H-2B petition to be filed with USCIS.
ATTESTATIONS: The employer must carefully read and agree to attestation statements (A) through (L)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 655.68, 20 CFR 655.56, and 29 CFR 503.17.
Important Note: These attestations do not apply to workers who have already been counted under the
FY 2025 H-2B (66,000) visa cap or those who are exempt from the FY 2025 H-2B visa cap.
Attestation (A): The employer must verify that it received a certified Form ETA-9142B, H-2B Application
for Temporary Employment Certification and Final Determination: H-2B Temporary Labor Certification
Approval, including all appendices, issued by DOL.
Attestation (B): The employer must verify that the approved Form ETA-9142B, H-2B Application for
Temporary Employment Certification and Final Determination: H-2B Temporary Labor Certification
Approval, including all appendices, issued by DOL contains a completed footer indicating the H-2B Case
Number, Case Status, Determination Date, and validity period (i.e., certified start and end dates of work)
and that the certified start date of work occurs on or after October 1, 2024 through September 30, 2025,
and the certified end date of work has not elapsed.
Attestation (C): The employer must attest that it is suffering irreparable harm or will suffer impending
irreparable harm (that is, permanent and severe financial loss) without the ability to employ all of the
H-2B workers requested on the Form I-129 petition filed pursuant to 8 CFR 214.2(h)(6)(xv) in the job
opportunity certified by DOL. Additionally, the employer must agree to provide all documents and
records, as described below, in the event of an audit, investigation, or other request by DOL and/or DHS.
The documents and records must provide evidence establishing that the employer met its burden to
demonstrate that if the employer’s business is unable to employ all of the H-2B workers requested on the
Form I-129 petition filed with DHS USCIS, it is suffering irreparable harm or will suffer impending
irreparable harm.
While the employer need not submit supporting documents with this attestation and H-2B petition, the
employer must retain and be able to provide, at the time of filing the Form I-129 petition or upon request
from DHS a nd/ or DOL, all applicable type(s) of evidence to establish that the employer meets the
irreparable harm standard, and mark each box that corresponds to these applicable type(s) of evidence.
Providing only one form of evidence will not necessarily meet the irreparable harm standard. The
employer’s attestation must identify the types of evidence the employer is relying on and will retain to meet
the irreparable harm standard. The employer must attest that it has created a detailed written statement
describing how it is suffering irreparable harm or will suffer impending irreparable harm and describing how
such evidence demonstrates irreparable harm. In addition, the employer must attest that it will provide to
DHS and/or DOL upon request all of the documentation it relied upon and retained as evidence that it
Form ET A-9142B-CAA-9: General Instructions

Page 2 of 10

OMB Approval: 1205-0563
Expiration Date: 04/30/2025

Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers
Under Section 105 of Division G, Title I of the Further Consolidated Appropriations Act, 2024, Public
Law 118-47, as extended by sections 101(6) and 106 of Division A, Title I of the Continuing
Appropriations and Extensions Act, 2025, Public Law 118-83
Form ETA-9142-B-CAA-9, General Instructions

meets the irreparable harm standard, including all of the supporting documentation the employer
committed to retain at the time of filing on the employer’s attestation form by selecting a checkbox next to
the applicable type of documentation in section C, and the written statement describing how such evidence
demonstrates irreparable harm. Such evidence may include, but is not limited to:
•

Executed work contracts - Select this option if the employer has retained evidence that the
business is suffering irreparable harm or will suffer impending irreparable harm due to the inability
to meet existing financial or contractual obligations without the services or labor of the H-2B
workers in the job opportunity certified by DOL, including evidence of executed work contracts
where the work will be performed during FY 2025, that have been cancelled or would be
cancelled, and evidence demonstrating an inability to pay debts/bills, without the ability to employ
all of the requested H-2B workers.

•

Work orders, reservations, or other business arrangements - Select this option if the employer has
retained evidence that the business is suffering irreparable harm or will suffer impending
irreparable harm due to the inability to meet business commitments based on work orders with
clients or customers necessitating the services or labor to be performed, sales or reservations, or
any other business arrangements demonstrating a commitment to deliver the services or labor
needed where such work will be performed during FY2025 that have been cancelled or would be
cancelled without the ability to employ all of the requested H-2B workers.

•

Financial records - Select this option if the employer has retained evidence that the business is
suffering irreparable harm or will suffer impending irreparable harm due to the inability to employ
all of the requested H-2B workers in the job opportunity certified by DOL during the employer’s
period of need, as compared to prior years, such as financial statements (including profit/loss
statements) comparing the period of need to prior years; bank statements, tax returns, or other
documents showing evidence of current and past financial condition demonstrating an inability to
pay debts/bills; and relevant tax records, employment records, or other similar documents
showing hours worked and payroll comparisons from prior years to the current year.

•

Payroll records or earnings statements - Select this option if the employer has retained payroll
records or other earnings statements as evidence that the business is suffering irreparable harm
or will suffer impending irreparable harm due to the inability to employ all of the requested H-2B
workers in the job opportunity certified by DOL, such as evidence showing the number of workers
needed in the previous three fiscal years (i.e., FY 2022, 2023, and 2024) to meet the employer’s
temporary need as compared to those currently employed or were expected to be employed at
the beginning of the start date of need certified by DOL. Such evidence must show, at a
minimum, the number of H-2B workers requested, the number of H-2B workers actually
employed, the dates of their employment, and their hours worked, particularly in comparison to
the weekly hours stated on the approved temporary labor certification from DOL. If the employer
selects this option, and obtains authorization to employ H-2B workers under this rule during FY
2025, the employer must also retain evidence, at a minimum, showing the number of H-2B
workers the employer’s business claims are needed and the number of workers actually
employed, including H-2B workers, the dates of their employment, and their hours worked,
particularly in comparison to the weekly hours stated on the approved temporary labor certification
from DOL.

Form ET A-9142B-CAA-9: General Instructions

Page 3 of 10

OMB Approval: 1205-0563
Expiration Date: 04/30/2025

Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers
Under Section 105 of Division G, Title I of the Further Consolidated Appropriations Act, 2024, Public
Law 118-47, as extended by sections 101(6) and 106 of Division A, Title I of the Continuing
Appropriations and Extensions Act, 2025, Public Law 118-83
Form ETA-9142-B-CAA-9, General Instructions

•

Evidence of reliance on a certain number of workers to operate, based on the nature and size of
the business – Select this option if the employer has retained evidence that the business is
suffering irreparable harm or will suffer impending irreparable harm due to its reliance on the
services or labor to be performed by H-2B workers in the job opportunity certified by DOL, based
on the nature and size of the employer’s business, such as documentation showing the number of
workers it has needed to maintain its operations in prior years; or will in the near future need,
including but not limited to: a detailed business plan, copies of purchase orders or other requests
for good and services, or other reliable forecast of an impending need for workers.

•

Other types of evidence demonstrating irreparable harm – Select this option if the employer
has retained other evidence that the business is suffering irreparable harm or will suffer
impending irreparable harm which is not covered by any one of the types of documents listed
above. Once selected, the employer must use the free text field to identify the evidence
retained, including the type(s) or name(s) of the documents, timeframes (e.g., year, service
period) covered by the document(s), and a brief description of the business commitment or
service transaction related to the document.

Important Note: If an audit, investigation, or other request for documentation occurs, DHS or DOL
will review all evidence to confirm that the employer properly attested and established to DHS its
business needs. As the burden rests with the petitioner to prove eligibility for supplemental H-2B
visas by a preponderance of the evidence, it is the petitioner’s burden to establish that it meets the
irreparable harm standard. The attestation, however, only constitutes prima facie evidence that the
employer satisfies the eligibility requirements for petitions filed under 8 CFR 214.2(h)(6)(xv). If DHS
subsequently finds that the evidence does not support the employer’s attestations, DHS may deny
the petition or, if the petition has already been approved, revoke the petition at any time consistent
with existing regulatory authorities. In addition, where the employer has not shown sufficient proof of
irreparable harm, DOL may independently take enforcement actions, including, among other things,
debarring the employer from the H-2B program for 1 to 5 years from the date of the final agency
decision, which also disqualifies the debarred party from filing any labor certification applications or
labor condition applications with DOL for the same period set forth in the final debarment decision.
Attestation (D): The employer must attest that it has prepared a detailed written statement that it will
provide upon request from DHS and/or DOL describing how its business is suffering irreparable harm or
will suffer impending irreparable harm (that is, permanent and severe financial loss) without the ability to
employ all of the H-2B nonimmigrant workers requested on the Form I-129 petition, and how each type
of evidence that it will maintain (as identified in the checkboxes provided in Attestation C of the form)
demonstrates that its business is suffering irreparable harm or will suffer impending irreparable harm.
Attestation (E): The employer must attest that it has a bona fide temporary need for the total number of
H-2B worker positions certified on its certified Form ETA-9142B, Final Determination: H-2B Temporary
Labor Certification Approval.

Form ET A-9142B-CAA-9: General Instructions

Page 4 of 10

OMB Approval: 1205-0563
Expiration Date: 04/30/2025

Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers
Under Section 105 of Division G, Title I of the Further Consolidated Appropriations Act, 2024, Public
Law 118-47, as extended by sections 101(6) and 106 of Division A, Title I of the Continuing
Appropriations and Extensions Act, 2025, Public Law 118-83
Form ETA-9142-B-CAA-9, General Instructions

Attestation (F): If the employer submits a Form ETA-9142B-CAA-9 and I-129 petition to DHS USCIS,
reflecting a start date of need 30 or more days after the certified start date of work, as shown on the
approved labor certification from DOL, the employer must attest that it will complete a new assessment of
the United States labor market to include the steps described below.
Attestation (F)(1): The employer must agree that it will place a new job order for the job opportunity with
the State Workforce Agency (SWA) serving the area of intended employment not later than the next
business day after submitting the I-129 petition for H-2B worker(s), and inform the SWA that the job
order is being placed in connection with a previously submitted and certified Application for Temporary
Employment Certification for H-2B workers by providing the SWA with the unique DOL case number
identified on the certified Form ETA-9142B. The job order must contain the job assurances and contents
set forth in 20 CFR 655.18 for recruitment of U.S. workers at the place of employment, and remain
posted for at least 15 calendar days. The employer must also follow all applicable SWA instructions for
posting job orders and receive applications in all forms allowed by the SWA, including online applications.
Attestation (F)(2): During the period of time the SWA is actively circulating the job order for intrastate
clearance, the employer must agree to contact, by email or other available electronic means, the nearest
comprehensive American Job Center (AJC) serving the area of intended employment where work will
commence or, if a comprehensive AJC is not available, the nearest affiliate AJC serving the area of
intended employment where work will commence. Upon contacting the AJC, the employer must request
staff assistance advertising and recruiting U.S. workers for the job opportunity, and provide to the AJC
the unique identification number associated with the job order placed with the SWA or, if unavailable, a
copy of the job order.
Important Note: DOL offers an online service for employers to locate the nearest AJC at
https://www.careeronestop.org/ and by selecting the “Find Local Help” feature on the main
homepage. This feature will navigate the employer to a search function called “Find an American Job
Center” where the city, state or zip code covering the geographic area where work will commence
can be entered. Once entered and the search function is executed, the online service will return a
listing of the name(s) of the AJC(s) serving that geographic area as well as contact option(s) and an
indication as to whether the AJC is a “comprehensive” or “affiliate” center.
Employers must contact the nearest “comprehensive” AJC serving the area of intended employment
where work will commence or, where a “comprehensive” AJC is not available, the nearest “affiliate”
AJC. A “comprehensive” AJC tends to be a large office that offers the full range of employment and
business services, and an “affiliate” AJC typically is a smaller office that offers a self-service career
center, conducts hiring events, and provides workshops or other select employment services for
workers. Because a “comprehensive” AJC may not be available in many geographic areas,
particularly among rural communities, the employer must contact the nearest “affiliate” AJC serving
the area of intended employment where a “comprehensive” AJC is not available.

Form ET A-9142B-CAA-9: General Instructions

Page 5 of 10

OMB Approval: 1205-0563
Expiration Date: 04/30/2025

Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers
Under Section 105 of Division G, Title I of the Further Consolidated Appropriations Act, 2024, Public
Law 118-47, as extended by sections 101(6) and 106 of Division A, Title I of the Continuing
Appropriations and Extensions Act, 2025, Public Law 118-83
Form ETA-9142-B-CAA-9, General Instructions

Attestation (F)(3): During the period of time the SWA is actively circulating the job order for intrastate
clearance, the employer must agree to make reasonable efforts to contact, by mail or other effective
means, its former U.S. workers who were furloughed and laid off during the period beginning January 1,
2023, until the date the I-129 petition is submitted to DHS, and those who were employed in the
occupation at the place of employment. However, employers are not required to contact U.S. workers
who were terminated for cause or who abandoned the worksite, as defined in 20 CFR 655.20(y). The
employer must provide each former U.S. worker a full disclosure of the terms and conditions of the job
order, and solicit their return to the job. Employers are required to maintain documentation to be
submitted in the event of an audit or investigation sufficient to prove contact with each former U.S. worker
consistent with document retention requirements under 20 CFR 655.56 and 20 CFR 655.68. This
documentation may, for example, consist of a copy of a form letter sent to all former employees, along
with evidence of its transmission (postage account, address list, etc.).
Important Note: The employer must agree to make the required contact(s), the disclosures, and
solicitation to return, as required by this attestation, in a language understood by the worker, as
necessary or reasonable, and in writing. This requirement would apply, for example, in situations
where one or more employees who do not speak English as their primary language and who have a
limited ability to read, write, speak, or understand English in order to make informed decisions.
Consistent with existing language requirements in the H-2B program, DOL intends to broadly
interpret the necessary
or reasonable qualification and apply the exemption only in those situations where having the job
order translated into a particular language would both place an undue burden on an employer and not
significantly disadvantage the employee.
During the period of time the SWA is actively circulating the job order for intrastate clearance, the
employer must agree to provide written notice of the job opportunity to the bargaining representative(s),
as required by any collective bargaining agreement, of the employer’s employees in the occupation and
area of intended employment, consistent with 20 CFR 655.45(a), or if there is no bargaining
representative, to post the job order in the places and manner described in 20 CFR 655.45(b).
•

Contacting the Bargaining Representative: If there is a bargaining representative for any of the
employer’s employees in the occupation and area of intended employment, the employer must
provide written notice of the job opportunity, by providing a copy of the approved Application for
Temporary Employment Certification and the job order. An employer governed by this notification
requirement must include information in its recruitment report that confirms that the bargaining
representative(s) was contacted, that the approved application and job order were sent, and
notified of the position openings and whether the organization referred qualified U.S. worker(s),
including the number of referrals, or was non-responsive to the employer's requests.

Form ET A-9142B-CAA-9: General Instructions

Page 6 of 10

OMB Approval: 1205-0563
Expiration Date: 04/30/2025

Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers
Under Section 105 of Division G, Title I of the Further Consolidated Appropriations Act, 2024, Public
Law 118-47, as extended by sections 101(6) and 106 of Division A, Title I of the Continuing
Appropriations and Extensions Act, 2025, Public Law 118-83
Form ETA-9142-B-CAA-9, General Instructions

•

Posting Notice of the Job Opportunity: If there is no bargaining representative, the employer must
post the availability of the job opportunity in at least 2 conspicuous locations at the place(s) of
anticipated employment or in some other manner that provides reasonable notification to all
employees in the job classification and area in which the work will be performed by the H-2B
workers. Electronic posting, such as displaying the notice prominently on any internal or external
Web site that is maintained by the employer and customarily used for notices to employees about
terms and conditions of employment, is sufficient to meet this posting requirement as long as it
otherwise meets the requirements of this section. The notice must meet the requirements under
20 CFR 655.41 and be posted for at least 15 consecutive business days. The employer must
maintain a copy of the posted notice and identify where and when it was posted in accordance
with 20 CFR 655.56 and 20 CFR 655.68.

Important Note: Consistent with the contact requirement under Attestation (F)(3), the employer must
agree to make the required notification(s) and provide the disclosures required by this attestation in a
language understood by the worker, as necessary or reasonable, and in writing.
Attestation (F)(4): Where the occupation or industry is traditionally or customarily unionized, during the
period of time the SWA is actively circulating the job order for intrastate clearance, the employer must
agree to contact (by mail, email or other effective means) the nearest American Federation of Labor and
Congress of Industrial Organizations (AFL-CIO) office covering the area of intended employment to
provide written notice of the job opportunity, by providing a copy of the job order placed, and request
assistance in recruiting qualified U.S. workers for the job opportunity.
Important Note: To determine which occupations are traditionally and customarily unionized, and
to obtain information about the proper AFL-CIO office to contact, employers should search the
resources available on the OFLC website, under the “Customarily Unionized H-2B Occupations”
tab on the lefthand side of the OFLC homepage: https://www.dol.gov/agencies/eta/foreign-labor.
When applicable, the employer must include information in its recruitment report confirming that the
AFL-CIO office was contacted and notified in writing of the job opportunity or opportunities. In the
recruitment report, the employer must state whether the nearest AFL-CIO office referred qualified
U.S. worker(s), including the number of referrals, or indicate that it was non-responsive to the
employer’s requests. The employer must retain all documentation establishing that it has contacted
the AFL-CIO office and submit all such information upon request from the Departments.
Documentation or evidence that would help employers establish that the appropriate AFL-CIO
office was contacted, may include, but is not limited to: documentation proving the job order was
shipped and delivered to the AFL-CIO office (e.g. copy of the job order along with the certificate of
shipment provided by the U.S. Postal Service and other courier mail or parcel delivery services
and/or any other form of delivery confirmation); evidence confirming that the job order, along with a
request for assistance to recruit workers, was in fact emailed to the appropriate AFL-CIO office
(e.g. copies of emails); phone records accompanied by proof of a follow-up email sending the job
order to the appropriate AFL-CIO office; copies of any correspondence exchanged (e.g. letter,
email) between the employer and the AFL-CIO office regarding worker referrals.
Form ET A-9142B-CAA-9: General Instructions

Page 7 of 10

OMB Approval: 1205-0563
Expiration Date: 04/30/2025

Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers
Under Section 105 of Division G, Title I of the Further Consolidated Appropriations Act, 2024, Public
Law 118-47, as extended by sections 101(6) and 106 of Division A, Title I of the Continuing
Appropriations and Extensions Act, 2025, Public Law 118-83
Form ETA-9142-B-CAA-9, General Instructions

Attestation (F)(5): The employer must agree to offer the job to any qualified and available U.S. worker
who applies or is referred for the job opportunity until the date on which the last H-2B worker departs for
the place of employment, or 30 days after the last date on which the SWA job order is posted, whichever
is later. The employer must attest that it understands that applicants can be rejected only for lawful jobrelated reasons, consistent with 20 CFR 655.40(a). If the employer wishes to interview U.S. applicants,
DOL reminds the employer that it must conduct the interviews by phone or provide a procedure for the
interviews to be conducted in the location where the worker is being recruited so that the worker incurs
little or no cost. The employer must not provide H-2B workers with more favorable treatment in whether it
requires or in how it conducts interviews consistent with 20 CFR 655.64(a)(4)(i), and request assistance in
recruiting qualified U.S. workers for the job. The employer must also attest that the contacts, disclosures,
and requests for assistance required by paragraph (a)(4)(iv) were provided in a language understood by
the worker(s), as necessary or reasonable, and in writing.
Attestation (F)(6): Where the employer maintains a website presence for its business operations, and
during the period of time the SWA is actively circulating the job order for intrastate clearance, it must
attest that it posted the job opportunity in a conspicuous location on its website. The job opportunity must
have been posted on the employer’s website and must have disclosed the terms of the job order placed
pursuant to 20 CFR 655.68(a)(4)(i), and remain posted for at least 15 calendar days.
Attestation (F)(7): The employer must agree to offer the job to any qualified and available U.S. worker
who applies or is referred for the job opportunity until the date on which the last H-2B worker departs for
the place of employment, or 30 days after the last date on which the SWA job order is posted, whichever
is later. The employer must attest that it understands that applicants can be rejected only for lawful jobrelated reasons, consistent with 20 CFR 655.40(a). If the employer wishes to interview U.S. applicants,
DOL reminds the employer that it must conduct the interviews by phone or provide a procedure for the
interviews to be conducted in the location where the worker is being recruited so that the worker incurs
little or no cost. The employer must not provide H-2B workers with more favorable treatment in whether it
requires or in how it conducts interviews.
Attestation (G): The employer must attest that each of the workers it requests and/or instructs to apply for
a nonimmigrant visa under the Form I-129 petition, whether currently named or unnamed, has been
issued an H-2B visa or was otherwise granted H-2B status during one of the last 3 fiscal years (Fiscal
Years 2022, 2023, or 2024), unless the Form I-129 petition submitted to DHS USCIS requests a
national(s) of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, or Costa Rica who is not
subject to a returning worker requirement, consistent with 8 CFR 214.2(h)(6)(xv)(A)(2).
Attestation (H): The employer must agree to retain, for a period of 3 years from the date of certification, a
copy of the signed attestation form, evidence and a detailed written explanatory statement establishing
that its business meets the standard described in paragraph (C) of the attestation, and, if applicable,
proof of recruitment efforts set forth in 20 CFR 655.64(a)(4)(i)-(viii) and a recruitment report that meets
the requirements set forth in 20 CFR 655.48(a)(1)-(4), and (7), consistent with the document retention
requirements under 20 CFR 655.68, 20 CFR 655.56, and 29 CFR 503.17. In addition, the employer must
agree to provide this documentation to a DHS and/or DOL official upon request.

Form ET A-9142B-CAA-9: General Instructions

Page 8 of 10

OMB Approval: 1205-0563
Expiration Date: 04/30/2025

Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers
Under Section 105 of Division G, Title I of the Further Consolidated Appropriations Act, 2024, Public
Law 118-47, as extended by sections 101(6) and 106 of Division A, Title I of the Continuing
Appropriations and Extensions Act, 2025, Public Law 118-83
Form ETA-9142-B-CAA-9, General Instructions

Attestation (I): The employer must agree to retain documentary evidence establishing that each of the
workers it is requesting on the Form I-129 petition, whether named or unnamed, are only workers who
have been issued an H-2B visa or otherwise granted H-2B status during one of the last 3 fiscal years
(Fiscal Years 2022, 2023, or 2024), unless the Form I-129 petition submitted to DHS USCIS requests a
national(s) of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, or Costa Rica who is not
subject to a returning worker requirement, consistent with 8 CFR 214.2(h)(6)(xv).
Attestation (J): The employer must agree to comply with all assurances, obligations, and conditions of
employment set forth in the Application for Temporary Employment Certification (Form ETA-9142B and
all Appendices) 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 ETA-9142B.
Attestation (K): The employer must agree to fully cooperate with any compliance review, evaluation,
verification or inspection conducted by DHS, including an on-site inspection of the employer’s facilities,
interview of the employer’s employees and any other individuals possessing pertinent information, and
review of the employer’s records related to the compliance with immigration laws and regulations, including
but not limited to evidence pertaining to or supporting the eligibility criteriafor the FY 2025 supplemental
allocation outlined in paragraph 8 CFR 214.2(h)(6)(xv)(B), as a condition for the approval of the H-2B
petition.
Attestation (L): The employer must agree to fully cooperate with any audit, investigation, compliance review,
evaluation, verification or inspection conducted by DOL, including an on-site inspection of the employer’s
facilities, interview of the employer’s employees and any other individuals possessing pertinent information,
and review of the employer’s records related to the compliance with applicable laws and regulations, including
but not limited to evidence pertaining to or supporting the eligibility criteria for the FY2025 supplemental
allocation outlined in paragraphs 20 CFR 655.64(a) and 655.69(a), as a condition for the approval of the H-2B
petition. Pursuant to 20 CFR Part 655, SubpartA at 655.73 and 29 CFR 503.25, the employer must agree not
to impede, interfere, or refuse to cooperate with an employee of the Secretary who is exercising or attempting
to exercise DOL’s audit or investigative authority. DOL may consider the failure to respond and/or comply with
an investigation or audit to be a willful misrepresentation of material fact or a substantial failure to meet the
terms and conditions of the H-2B Application for Prevailing Wage Determination, Application for Temporary
Employment Certification resulting in an adverse agency action on the employer, agent, or attorney, including
assessment of a civil money penalty, revocation of the temporary labor certification, or program debarment for
not less than 1 year or more than 5 years from the date of the final agency decision under § 655.73 or 29 CFR
503.19. A debarred party will be disqualified from filing any labor certification applications or labor condition
applications with the Department of Labor by, or on behalf of, the debarred party for the same period of time
set forth in the final debarment decision.
DECLARATION UNDER PENALTY OF 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-9, Attestation for Employers Seeking to Employ H-2B Nonimmigrant
Workers Under Section 105 of Division G, Title I of the Further Consolidated Appropriations Act, 2024,
Public Law 118-47, as extended by sections 101(6) and 106 of Division A, Title I of the Continuing
Appropriations and Extensions Act, 2025, Public Law 118-83, you are declaring under penalty of perjury
Form ET A-9142B-CAA-9: General Instructions

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OMB Approval: 1205-0563
Expiration Date: 04/30/2025

Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers
Under Section 105 of Division G, Title I of the Further Consolidated Appropriations Act, 2024, Public
Law 118-47, as extended by sections 101(6) and 106 of Division A, Title I of the Continuing
Appropriations and Extensions Act, 2025, Public Law 118-83
Form ETA-9142-B-CAA-9, General Instructions

under the laws of the United States of America that the foregoing is true and correct. Form ETA-9142-BCAA-9 will not be considered complete and valid if the attestation is not signed and dated by an individual
who has the authority to sign Form ETA-9142-B-CAA-9. 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-9 and any supporting documentation, or aids, abets, or counsels another to
do so is committing a federal offense, punishable by fine or imprisonment up to 5 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 attestation. Read the entire
attestation and verify all contained information prior to signing. The person with authority to sign as
the employer must also date the attestation.
4. Enter the date on which the attestation is signed using a month/day/full year (MM/DD/YYYY) format.

Form ET A-9142B-CAA-9: General Instructions

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