(a) Upon approval of the H-2B Registration, the employer is authorized for the specified period of up to 3 consecutive years from the date the H-2B Registration is approved to file an Application for Temporary Employment Certification, unless:
- (1) The number of workers to be employed has increased by more than 20 percent (or 50 percent for employers requesting fewer than 10 workers) from the initial year;
- (2) The dates of need for the job opportunity have changed by more than a total of 30 calendar days from the initial year for the entire period of need;
- (3) The nature of the job classification and/or duties has materially changed; or
- (4) The temporary nature of the employer's need for services or labor to be performed has materially changed.
- (b) If any of the changes in paragraphs (a)(1) through (4) of this section apply, the employer must file a new H-2B Registration in accordance with § 655.11.
- (c) The H-2B Registration may not be transferred from one employer to another unless the employer to which it is transferred is a successor in interest to the employer to which it was issued.