United States | OFLC Reminder: H-2B visa program filing window opens July 3

The Office of Foreign Labor Certification (OFLC) issued a reminder that the three-day filing window for H-2B visa applications with an October 1, 2025, start date will open at 12 a.m. ET on July 3 and close at 11:59 p.m. ET on July 5, 2025.

Key Points:

• This filing period marks the beginning of the semi-annual visa allotment for the first half of Fiscal Year (FY) 2026. This window is the earliest permissible filing period for the first half of FY 2026.
• Once the three-day window ends, OFLC will use a randomized process to assign applications to analysts for review to ensure equitable processing of all timely filed applications.
• To avoid delays or denials employers should:

o  File only one application per job opportunity to avoid duplicate submissions

o  Clearly detail deductions for board, lodging or other facilities

o  Include a copy of the work order submitted to the State Workforce Agency (SWA) with the application

o  Use only original and current signatures on Appendix B

Additional Information: The H-2B visa program allows U.S. employers to hire foreign workers for temporary non-agricultural jobs when there are not enough U.S. workers available. The program is subject to a statutory cap, divided into two halves of the fiscal year. The July 3–5 filing window is critical for employers aiming to secure workers for the October 1 start date, which marks the beginning of the first half of FY 2026.

Employers requesting start dates after October 1 must follow the standard timeliness rules under 20 CFR 655.15(b), which require filing no more than 90 days and no fewer than 75 days before the employment start date.

This alert has been provided by the BAL U.S. Practice Group.

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