| 5. | What is an 'intermittent need'? | | |
| | | The petitioner must establish that it has not employed permanent or full-time workers to perform the services or labor, but occasionally or intermittently needs temporary workers to perform services or labor for short periods. |
| 6. | What is the responsibility of the employer in establishing 'temporary need' for H-2B workers? | | | |
| | The employer has the burden of establishing that the need for H-2B workers is temporary and is either a one time, seasonal, peak, or intermittent need in his/her application. Documentation might include contracts, lists of projects and timeframes, as well as narrative explanations. |
| | | | | Note: The existence of a single short term contract in an industry such as construction does not, by itself, document temporary need if the nature of the industry
is for long term projects which may have many individual contracts for portions of the overall project. The employer must demonstrate its need is temporary, and is either a one time, seasonal, peak load, or intermittent need. |  |
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| 7. | Is an H-2B visa issued only for temporary jobs? | | | |
| | The nature of the job itself is irrelevant. What is relevant is whether the employer's need is truly temporary. In some situations, the employer's need may create a temporary job opportunity in an employment situation which may otherwise have been permanent in nature. |
| | | | | Note: A temporary job opportunity could be created because the incumbent (who holds the position of permanent factory foreman) was injured or is otherwise unavailable for a period of less than one year, or additional
workers are needed during a busy period. The temporary period must have a clear beginning and end. | |
