What documents should a new company provide if they have no records for temporary need such as payroll records or invoices from the previous year?
The documentary list is not exhaustive and an employer is not required to provide every item on the list. An employer may submit any combination of documentation necessary, as long as the documents sufficiently show the temporary nature of the need. See TEGL 21-06, Part III (D)(4). A new business might not have employee records to provide from the previous year, but should have signed contracts or letters of intent from clients sufficiently detailed to clearly show that work will be performed for each month during the requested period of the need stated on the ETA Form 750. Ancillary documents such as newspaper articles, promotional materials, and official Visitor Bureau’s documents might be added to the documents to augment the showing of the temporary need in the case of new businesses. However, the documentation of the business’ own activities is essential to show the need for services of H-2B workers.
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