Updates for H-2B Application Processing Procedures

The Department of Labor's Office of Foreign Labor Certification (OFLC) announced an update to its procedures for H-2B application processing. Beginning July 3, 2019, the OFLC will process all H-2B applications filed on or after July 3, 2019 at times according to the start date of work and the date of filing. Furthermore, OFLC will assign all applications to review randomly. These changes will help to ensure that the application review process is fair and efficient. The public is allowed to submit comments through April 3, 2019. The OFLC will be reviewing them and potentially making changes to the new policy until it goes into effect on July 3.

Why is this important?

H-2B applications are petitions for Temporary Employment Certification and they use the Form ETA-9142B. People obtain H-2Bs when they have residence in a foreign country which they have no intention of abandoning but come to the United States to work temporarily. The Immigration and Nationality Act sets the number of people that may obtain a H-2B visas per year at 66,000. In 2018, the semi-annual H-2B visa allotment was exceeded by almost 250%, which was unprecedented. Because of the substantial increase in the volume of applications, changes are necessary to make the processing system more fair. The OFLC has made small changes consistently throughout the past two years to account for the growing popularity of H-2B visas, but this most recent update will significantly increase equity.

For More Information:

For more information about H-2B visas or to comment on the updated processing procedures, visit the article in the Federal Register here.

This blog post does not serve as legal advice and does not establish any client-attorney privilege. If you have any questions, please do not hesitate to contact our legal team directly.

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This information comes from a news release from the American Immigration Lawyers Association (AILA Doc. No. 19022733).