655.21—Supporting evidence for temporary need.
(a) Statement of temporary need.
Each Application for Temporary Employment Certification must include attestations regarding temporary need in the appropriate sections. The employer must include a detailed statement of temporary need containing the following:
(1)
A description of the employer's business history and activities (i.e., primary products or services) and schedule of operations throughout the year;
(2)
An explanation regarding why the nature of the employer's job opportunity and number of foreign workers being requested for certification reflect a temporary need;
(3)
An explanation regarding how the request for temporary labor certification meets one of the regulatory standards of a one-time occurrence, seasonal, peakload, or intermittent need under § 655.6(b) as defined by DHS under 8 CFR 214.2(h)(6)(ii)(B); and
(4)
If applicable, a statement justifying any increase or decrease in the number of H-2B positions being requested for certification from the previous year.
(b) Request for supporting evidence.
In circumstances where the CO requests evidence or documentation substantiating the employer's temporary need through a RFI under § 655.23(c) to support a Final Determination, or notifies the employer that its application is being audited under § 655.24, the employer must timely furnish the requested supplemental information or evidence or documentation. Failure to provide the information requested or late submissions may be grounds for the denial of the application. All such documentation or evidence becomes part of the record of the application.
(c) Retention of documentation.
The documentation required in this section and any other supporting evidence justifying the temporary need by the employer filing the Application for Temporary Employment Certification must be retained for a period of no less than 3 years from the date of the certification.