The application filing window to submit an H-2B Application for Temporary Employment Certification for work, which starts on April 1, 2025, or later, opened today, January 1, 2025, at midnight Eastern Time. The H-2B visa program allows U.S. employers to hire foreign nationals for temporary non-agricultural roles when qualified American workers are unavailable.
Dates and Filing Windows
- January 1, 2025: Employers can start submitting H-2B applications for work beginning on or after April 1, 2025. Applications filed before this date will be denied.
- January 1-3, 2025: Applications submitted during these initial three days will be randomly ordered for processing, ensuring a fair review process.
H-2B applications requesting work start dates of April 1, 2025, will not be accepted if filed before January 1, 2025, at 12:00 a.m. Eastern Time. Employers must adhere to this timeline to avoid rejection of their applications.
Randomization Process for Initial Filings
The Office of Foreign Labor Certification (OFLC) will implement a randomization procedure for applications filed between January 1 and January 3, 2025. This ensures a fair review process for all employers submitting their applications within this three-day window.
Guidelines to Avoid Delays or Denials
To prevent processing issues, employers must adhere to the following OFLC guidelines:
- Avoid Duplicate Applications: Submitting multiple applications for the same job opportunity will trigger a Notice of Deficiency from the OFLC.
- Clarify Job Opportunities: Employers submitting multiple applications must clearly demonstrate that the positions listed are distinct. Failure to do so will result in a non-acceptance denial for all submitted applications.
- Establish a Bona Fide Need: Each application must reflect a legitimate need for the job opportunity. Employers unable to justify the necessity of each application will face rejection.
FLAG System Compliance
Employers are reminded that the user accounts of the Foreign Labor Application Gateway (FLAG) System are strictly personal. Sharing FLAG accounts among multiple individuals is prohibited and may lead to the termination of FLAG access. Employers must ensure that each account is used solely by the individual for whom it was created.
What’s Next? H-2B Visa Application Filing Officially Open
With the high demand for H-2B visas, employers are encouraged to prepare their applications well in advance of the filing window. Adhering to the OFLC guidelines and ensuring compliance with FLAG system rules can minimize delays and improve the chances of approval.
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