On June 25, 2024, DOL posted the following information to remind employers and other interested stakeholders that the three-day filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting a work start date of October 1, 2024, will open on July 3, 2024, at 12:00 a.m. Eastern Time, and close on July 5, 2024, at 11:59 p.m. Eastern Time.  This three-day period is the earliest an employer may file an application for an October 1, 2024, work start date, which is the first day of the semi-annual visa allotment for the first half of Fiscal Year 2025. Employers seeking start dates of October 2, 2024, or later must comply with the timeliness requirements at 20 CFR 655.15(b).

In accordance with regulatory requirements and Office of Foreign Labor Certification’s (OFLC’s) standard operating procedures, H-2B applications requesting October 1, 2024, work start dates will be denied if they are filed before July 3, 2024, at 12:00 a.m. Eastern Time.

After the three-day filing window has closed, OFLC will randomly order applications for assignment to analysts for review and processing all H-2B applications requesting a work start date of October 1, 2024, that are filed during the three-day filing window (July 3-5, 2024) using the randomization procedures published in the Federal Register on March 4, 2019.

Helpful Filing Tips

Only one H-2B Application for Temporary Employment Certification per job opportunity should be filed to prevent duplicate filings and delayed processing. 20 CFR 655.15(f).

If “yes” is selected for “Board, Lodging, or Other Facilities” under section F.d.5, Form ETA-9142B, and deductions other than those required by law may be made from the worker’s pay, include details about the deductions and amounts to cover the reasonable cost of board, lodging, and other facilities in section F.d.6.

The employer must submit with its H-2B Application for Temporary Employment Certification a copy of the job order being submitted concurrently to the SWA serving the area of intended employment, as set forth in 20 CFR 655.16. The job order submitted must be a copy of the actual job order or a completed job order form used by the SWA for posting in its job clearance systems (as defined by 20 CFR 655.5).

Original signatures and dates on Appendix B must be current.

If you require assistance with seeking H-2B visas and/or with the defense of an H-2B visa or related investigation, please contact Alka Bahal at abahal@ogcsolutions.com.

_____________

Alka Bahal, Esq. is a Partner and the Chair of the Corporate Immigration Services Practice at Santomassimo Davis, LLP (d/b/a OGC Solutions) providing bespoke corporate immigration services to clients of all sizes across the U.S. and worldwide, complimented perfectly by the Firm’s Outside General Counsel Solutions™ services, which is designed to provide affordable, high-quality services to enable clients to work toward their business goals  by offer legal guidance when and, as, needed.  OGC Solutions is built for finding business solutions to business issues which minimize risk and maximize value.

No responses yet

Leave a Reply

Your email address will not be published. Required fields are marked *

Recent Comments

    🌍 Explore thrilling adventures at betbonaza.com! Spin & win big today! 🎉

    🔥 Discover the ultimate betting experience at n1bet! Fast, fun, and fair gaming awaits! 🎲

    🎯 Hit your lucky streak on the baba ijebu site! Spin. Win. Repeat. 🔄

    📱 Bet on the go with Nairabet Mobile! Top odds, anywhere in Nigeria! 🌍 Join today!

    🌍 Join the thrill at SportyBet Nigeria! Bet on your favorite sports and win big! 🏆 Dive in now!