Immigration Law

OFLC Announces New H-2B Application Forms For Use Beginning July 3, 2019, and Schedule for Electronic Filing in the FLAG System

OFLC, June 6, 2019

"The Office of Foreign Labor Certification (OFLC) has received OMB approval for revisions to the H-2B Application for Temporary Employment Certification (Form ETA-9142B) and corresponding appendices, and related forms and instructions. These revisions will better align information collection requirements with the Department's regulations, provide greater clarity to employers on regulatory requirements, standardize and streamline information collection to reduce employer time and burden preparing applications, and promote greater efficiency and transparency in OFLC's review and issuance of labor certification decisions under the H-2B program. This new form must be used for all new H-2B applications beginning July 3, 2019. To obtain a copy of the new H-2B application form and its instructions, please click here.

Transition Schedule for Submitting the New H-2B Application Forms

  • Beginning July 3, 2019, OFLC will only accept H-2B applications submitted using the new Form ETA-9142B (i.e., forms containing an expiration date of May 31, 2022).
  • Beginning July 3, 2019, OFLC will reject - without further review - H-2B applications submitted using the current version of Form ETA-9142B (i.e., forms containing an expiration date of May 31, 2019). OFLC will continue to accept H-2B applications using this form through 11:59 p.m. Eastern Time on July 2, 2019.

Electronic Filing of the New H-2B Application Forms in the FLAG System

  • Beginning June 13, 2019, the FLAG System's H-2B Program Module will be enabled and stakeholders will be able to begin preparing H-2B applications using the new Form ETA-9142B and corresponding appendices. However, the FLAG System will not permit the submission of H-2B applications using the new forms until July 3, 2019.
  • OFLC will continue to accept online submissions of the current Form ETA-9142B through the iCERT System until 11:59 p.m. Eastern Time on July 2, 2019. The ability to submit H-2B applications using the iCERT System will be deactivated at this time.
  • OFLC will process H-2B applications submitted through the iCERT System prior to July 3, 2019. Stakeholders will be able to access their iCERT System accounts to check the status of applications made through the iCERT System.
  • Beginning July 3, 2019, all H-2B applications will be assigned for review in accordance with the procedures announced by the Department on February 26, 2019.

Technical Assistance Materials & Webinars

OFLC has created instructional videos to help educate the stakeholder community on how to create and manage a FLAG System account and prepare the Form ETA-9142B and corresponding appendices. To obtain more information and view these instructional videos, please visit the H-2B Program page on the FLAG System at https://flag.dol.gov/. The new videos will be posted on June 7, 2019.

Additionally, OFLC will host webinars on June 13, 2019, to provide technical assistance to employers and authorized attorneys or agents on the changes to the H-2B application forms.

Details of the webinars are as follows:

DATE: June 13, 2019
TIME: 10:00 a.m. Eastern Time and 2:00 p.m. Eastern Time
WEBINAR LINKS:

10:00 a.m. Eastern Time:
https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e485b340b4f791da058493683c7b26216

2:00 p.m. Eastern Time:
https://dolevents.webex.com/dolevents/onstage/g.php?MTID=e20df031b64d7816654e330548ae487a9

Meeting password: Welcome!24

Both meetings will use this call-in information:

Conference Number: 1-888-790-3323

Participant Passcode: 8418168

Please note: Each of the webinars is limited to 1,000 participants."