As per the Office of Foreign Labor Certification (OFLC), for employers and stakeholders, the filing window for the US H-2B Temporary Employment Certification Applications (Form ETA-9142B and appendices) opens on January 1, 2025, at 12:00 a.m. Eastern Time. This window applies to applications with work start dates of April 1, 2025, or later.
Key Dates and Guidelines
H-2B Filing Start Date
Applications Filed Before January 1, 2025, at 12:00 a.m. ET. Any applications submitted before the official opening time will be denied in accordance with OFLC’s standard operating procedures.
Initial Filing Window (January 1–3, 2025)
Applications submitted during the first three calendar days of the filing window (January 1–3, 2025) will be processed using randomization procedures outlined in the Federal Register on March 4, 2019.
Handling of Multiple Applications
Identifying Duplicate Applications
If multiple applications appear to have been submitted for the same job opportunity, OFLC will issue a Notice of Deficiency. This applies especially if multiple applications are filed during the initial three-day period.
Employer Responsibility
The employers must:
- Demonstrate that each application corresponds to a unique job opportunity.
- Establish a bona fide need for each application.
Consequences of Non-Compliance
Failure to establish the uniqueness or necessity of each application will result in a non-acceptance denial for all duplicate applications.
Additional Information
Employers are encouraged to prepare applications carefully and ensure compliance with OFLC regulations to avoid delays or rejections. They should refer to the randomization procedures and filing rules detailed in the Federal Register for further guidance.
What is an H-2B Visa in the US?
The H-2B is one of the famous US visa programs. It is a vital resource for U.S. employers and agents seeking to address temporary labor needs. It enables the recruitment of foreign nationals to fill temporary nonagricultural jobs, provided specific regulatory requirements are met.
Who Can Use the H-2B Program?
Eligible Participants:
- U.S. Employers
- U.S. Agents (as defined by federal regulations)
These entities must demonstrate a legitimate need for temporary workers to qualify for the program.
Filing Requirements
To initiate the process, a U.S. employer or agent must:
- File Form I-129: Known as the Petition for a Nonimmigrant Worker, this form is submitted on behalf of the prospective foreign worker.
- Ensure Compliance: The petition must comply with all regulatory conditions to facilitate approval.
By meeting these requirements, employers can legally employ foreign workers under the H-2B program for a defined period. The H-2B program is a practical solution for businesses with temporary workforce needs outside the agricultural sector. Employers should carefully follow filing guidelines to ensure a smooth application process.
H-2B Visa Program Numerical Cap
The H-2B visa program is subject to a statutory numerical limit, or “cap,” which determines the total number of noncitizens who can be issued an H-2B visa or granted H-2B status during a fiscal year. The annual cap is:
- Total Cap: 66,000 visas per fiscal year
- Division of Quotas:
- 33,000 visas for workers starting employment in the first half of the fiscal year (October 1 – March 31)
- 33,000 visas for workers starting employment in the second half of the fiscal year (April 1 – September 30)
Unused Visa Numbers
Any unused visa numbers from the first half of the fiscal year will roll over for use in the second half of the same fiscal year. Unused visa numbers do not carry over from one fiscal year to the next.
When the H-2B Cap Is Reached
Once the H-2B cap is met, the USCIS (U.S. Citizenship and Immigration Services) will only accept petitions for H-2B workers who are exempt from the cap.