DOL Issues Reminder and Filing Tips About H-2B Application Filing Timelines for October 1, 2024, Start Dates of Work

DOL posted the following information:

June 25, 2024. Office of Foreign Labor Certification Reminds Employers and Stakeholders of the H-2B Application Filing Timelines for October 1, 2024, Start Dates of Work

The Office of Foreign Labor Certification (OFLC) reminds 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 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.