Temporary Need Documents

The following are examples of documents needed to establish that the position is temporary in nature. The employer’s need is considered temporary if it is a(n):

  1. One-time occurrence – A petitioner claiming a one-time occurrence must show that it has:
    1. Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future; or
    2. An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
    3. Example: A construction company is refurbishing a church and needs to bring in foreign stained glass experts, on a one-time basis, to complete the project. The project is estimated to last two years.
  2. Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:
    1. Traditionally tied to a season of the year by an event or pattern; y
    2. Of a recurring nature.
    3. Note: Employment is not seasonal if the period during which the service or labor is needed is 1) Unpredictable; 2) Subject to change; or 3) Considered a vacation period for the employer’s permanent employees.

    4. Examples: 1) Dining staff at Cape Cod resorts for the summer season; 2) Ski instructors for ski resorts in the Rocky Mountains; or 3) Summer lifeguards in the coastal regions
  1. Peakload need – A petitioner claiming a peakload need must show that it:
    1. Regularly employs permanent workers to perform the services or labor at the place of employment;
    2. Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; y
    3. The temporary additions to staff will not become part of the employer’s regular operation.
    4. Example: A toy manufacturing company makes a product that has suddenly surpassed all sales predictions and expectations. It may be able to demonstrate that it has a peak load need for assembly-line workers to meet its unprecedented production demands for the Christmas season.
  2. Intermittent need – A petitioner claiming an intermittent must show that it:
    1. Has not employed permanent or full-time workers to perform the services or labor; y
    2. Occasionally or intermittently needs temporary workers to perform services or labor for short periods

Example: A company that specializes in sports jerseys has a need for apparel workers when recurrent surges in production occur around major sporting events (such as the Super Bowl).