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Immigration Law

DOL on H-2B Peak Filing Season Window (July 3-5, 2021)

DOL, June 23, 2021 - H-2B Application Filing Timelines for 2021 Peak Filing Season

"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, 2021, will open on July 3, 2021, at 12:00 a.m. Eastern Time, and close on July 5, 2021, at 11:59 p.m. Eastern Time. This three-day period is the earliest an employer may file an application for an October 1, 2021, work start date, which is the first day of the semi-annual visa allotment for the first half of Fiscal Year 2022. Employers seeking start dates of October 2, 2021, 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 an October 1, 2021, work start date will be denied if they are filed before July 3, 2021, at 12:00 a.m. Eastern Time.

OFLC will randomly order for assignment to analysts for review and processing all H-2B applications requesting a work start date of October 1, 2021, that are filed during the three-day filing window (July 3-5, 2021) using the randomization procedures published in the Federal Register on March 4, 2019."