Immigration Solutions

ETA 9142B – Statement of Need

Provide a brief statement clearly describing the employer’s temporary need for the services or labor to be performed.

The employer’s statement must explain

(a) the nature of the employer’s business or operations;

(b) why the job opportunity, period of employment, and number of workers being requested for certification reflect a temporary need; and

(c) how the employer’s request for the services or labor to be performed meets the chosen standard under Question 7 of a seasonal, peakload, onetime occurrence, or an intermittent basis.

Start the Statement of Temporary Need in the ETA-9142B with an explanation of the temporary need, not company background information.

If the period of employment (e.g., begin date of work) and/or number of workers have changed from previous filings, please briefly explain the circumstances or reason(s) for the change.

The Statement of Need MUST be Detailed

Petitioners must submit a detailed statement describing their temporary need.

If this statement contains sufficient details about the employer’s operations and need for the workers to perform temporary services or labor during a finite period of time, it may be sufficient to establish temporary need, depending on all the facts presented in the case.

In some cases, however, the regulations specifically require a petitioner to provide initial evidence in addition to the detailed statement of need.

For example, if the approved TLC requires certain education, training, experience, or special requirements, a petitioner must also submit additional documentation with the petition to demonstrate that the beneficiary meets those requirements. See 8 CFR 214.2(h)(6)(vi)(C).

USCIS/DOL will also consider other documentation provided in support of the employer’s temporary need as supplementary evidence when deciding whether a statement is sufficiently detailed.

In all cases, it is the quality and probative value of the information provided in the statement that will be determinative, not merely the quantity of that information.

For instance, if the statement contains inconsistencies or is inconsistent with other evidence in the case, USCIS/DOL may need to issue a Request for Evidence to determine whether the employer’s need is in fact temporary in nature.

The adjudicator is the finder of fact, and it is within the adjudicator’s discretion to determine whether the statement presented is sufficiently detailed to conclude that the petitioner has met its burden of establishing temporary need.

Any petitioner who submits a skeletal petition will not meet the burden of proof.