This information is available from our AILA liaison and is an important clarification for those that practice in the H2B area of law.
USCIS’ and DOL’s regulations both allow for the certification of more than one position (DOL) and filing for multiple beneficiaries (USCIS) if all H-2B workers will be performing the same service, for the same period of time, and in the same location. 8 C.F.R. §214.2(h)(2)(ii).
DOL regulation at 20 C.F.R. §655.4 defines the area of intended employment as “the geographic area within normal commuting distance of the place (worksite address) of the intended employment of the job opportunity for which the certification is sought.” It further offers the use of the Metropolitan Statistical Area (MSA) as a reasonable measure in determining the “same area of intended employment.” The CSC uses this definition in establishing the regulatory requirement at 8 C.F.R. §214.2(h)(2)(ii).
We advise on careful planning and preparation of H2b cases, from the first steps when filing the 9041 prevailing wage form, through the 9042 application.