FAQs – Implementation of Final H-2B Regulations for Temporary Labor
Certifications in the Entertainment Industry
Question: I am an employer in the entertainment industry. We recruited our H-
2B support personnel and filed pursuant to special procedures for entertainers.
Now that the regulations have changed, are my special procedures gone?
Answer: The new H-2B regulations contain a provision that permits the
development of special procedures. Where special procedures were in place
prior to the effective date of the H-2B regulations (January 18, 2009), the
Department will continue to honor those special procedures to the extent they are
consistent with the new regulations. The special procedures contained in TEGL
31-05 will continue almost in their entirety. The Department will not, however, be
able to honor the special procedures in areas in which they are in direct
contravention of the regulation, as outlined in these FAQs.
Question: Who qualifies as an entertainer for H-2B status?
Answer: Occupations in the entertainment industry, for purposes of applying for
a labor certification for H-2B workers, shall include performers and all technical
and support personnel involved with a performance, including carnival workers.
Question: As an employer of entertainers who enter the US in H-2B status,
where do I file?
Answer: All H-2B applications are filed with the Certifying Officer at the Chicago
National Processing Center (CNPC). Employers are no longer required to submit
applications for H-2B temporary employment of foreign workers to one of the
Offices Specializing in Entertainment (OSEs) in New York, New York; Austin,
Texas; or Sacramento, California.
Question: I hire musicians from Canada. Has how their recruitment changed?
Answer: It has not changed. As discussed in TEGL 31-05, where you recruit
depends on where the musicians appear. Canadian musicians who enter the US
to perform within a 50-mile area adjacent to the Canadian border for a period of