# 20 CFR § 655.6: Temporary need

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-20-655.6

## Section

- **Citation:** 20 CFR § 655.6
- **Heading:** Temporary need
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 20—Employees' Benefits > CHAPTER V—EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR > PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES > Subpart A—Labor Certification Process for Temporary Non-Agricultural Employment in the United States (H-2B Workers)

## Text

(a) An employer seeking certification under this subpart must establish that its need for non-agricultural services or labor is temporary, regardless of whether the underlying job is permanent or temporary.
(b) The employer's need is considered temporary if justified to the CO as one of the following: A one-time occurrence; a seasonal need; a peakload need; or an intermittent need, as defined by DHS regulations. Except where the employer's need is based on a one-time occurrence, the CO will deny a request for an H-2B Registration or an Application for Temporary Employment Certification where the employer has a need lasting more than 9 months.
(c) A job contractor will only be permitted to seek certification if it can demonstrate through documentation its own temporary need, not that of its employer-client(s). A job contractor will only be permitted to file applications based on a seasonal need or a one-time occurrence.
(d) Nothing in this paragraph (d) is intended to limit the authority of the Secretary of Homeland Security, in the course of adjudicating an H-2B petition, to make the final determination as to whether a prospective H-2B employer's need is temporary in nature.

## Nearby sections

- [20 CFR § 655.1 § 655.1 Scope and purpose of this subpart.](https://www.frixlaw.com/law-library/statutes/ecfr-20-655.1.md)
- [20 CFR § 655.2 § 655.2 Authority of the agencies, offices, and divisions in the Department of Labor.](https://www.frixlaw.com/law-library/statutes/ecfr-20-655.2.md)
- [20 CFR § 655.3 § 655.3 Territory of Guam.](https://www.frixlaw.com/law-library/statutes/ecfr-20-655.3.md)
- [20 CFR § 655.4 § 655.4 Transition procedures.](https://www.frixlaw.com/law-library/statutes/ecfr-20-655.4.md)
- [20 CFR § 655.5 § 655.5 Definition of terms.](https://www.frixlaw.com/law-library/statutes/ecfr-20-655.5.md)
- [20 CFR § 655.6 § 655.6 Temporary need.](https://www.frixlaw.com/law-library/statutes/ecfr-20-655.6.md)
- [20 CFR § 655.7 § 655.7 Persons and entities authorized to file.](https://www.frixlaw.com/law-library/statutes/ecfr-20-655.7.md)
- [20 CFR § 655.8 § 655.8 Requirements for agents.](https://www.frixlaw.com/law-library/statutes/ecfr-20-655.8.md)
- [20 CFR § 655.9 § 655.9 Disclosure of foreign worker recruitment.](https://www.frixlaw.com/law-library/statutes/ecfr-20-655.9.md)
- [20 CFR § 655.100 § 655.100 Purpose and scope of this subpart.](https://www.frixlaw.com/law-library/statutes/ecfr-20-655.100.md)
- [20 CFR § 655.101 § 655.101 Authority of the agencies, offices, and divisions in the Department of Labor.](https://www.frixlaw.com/law-library/statutes/ecfr-20-655.101.md)
- [20 CFR § 655.102 § 655.102 Transition procedures.](https://www.frixlaw.com/law-library/statutes/ecfr-20-655.102.md)
- [20 CFR § 655.103 § 655.103 Overview of this subpart and definition of terms.](https://www.frixlaw.com/law-library/statutes/ecfr-20-655.103.md)
- [20 CFR § 655.104 § 655.104 Successors in interest.](https://www.frixlaw.com/law-library/statutes/ecfr-20-655.104.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-20-655.6. Check the current official text before relying on it. Not legal advice.