(a) An employer that files a petition with USCIS to employ H-2B workers in fiscal year 2018 under authority of the temporary increase in the numerical limitation under section 205 of Division M, Public Law 115-141 must maintain for a period of 3 years from the date of certification, consistent with 20 CFR 655.56 and 29 CFR 503.17, the following:

1. (1) A copy of the attestation filed pursuant to regulations governing that temporary increase;
2. (2) Evidence establishing that employer's business is likely to suffer irreparable harm (that is, permanent and severe financial loss), if it cannot employ H-2B nonimmigrant workers in fiscal year 2018; and

3. (3) If applicable, evidence of additional recruitment and a recruitment report that meets the requirements set forth in 20 CFR 655.48(a)(1), (2), and (7).

   DOL or DHS may inspect these documents upon request.

(b) This section expires on October 1, 2021.

Effective Date Note:At 83 FR 24918, May 31, 2018, § 655.66 was added, effective May 31, 2018 through Sept. 30, 2021.