The U.S. Department of Labor’s Office of Foreign Labor Certification recently provided reminders for those filing H-2B applications during the 2023 peak filing season.

Key Points:

  • Employers who are requesting start dates on or after April 1, 2023, can begin filing their H-2B applications on Jan. 1, 2023, at 12:00 a.m. ET.
  • H-2B applications will be denied if they are filed before Jan. 1, 2023, at 12:00 a.m. ET.
  • The OFLC will randomly order for processing H-2B applications requesting a work start date of April 1, 2023, that are filed from Jan. 1 to Jan. 3 using the procedures outlined here.
  • From Jan. 3 through Jan. 6, the OFLC will publish each day the number of H-2B applications it received and the total number of requested worker positions on those applications on the Foreign Labor Application Gateway System.

Additional Information: Additional information for preparing and submitting H-2B applications using the Foreign Labor Application Gateway System is available here. Information regarding the process for filing H-2B applications requesting a start date of April 1, 2023, or later is available in this presentation.

Employers are reminded that they should file only one application for the same job opportunity. The OFLC will only review and process the application that was filed first, according to its timestamp. If the OFLC identifies multiple applications that have been filed for the same job opportunity, the OFLC will consider the first application filed. Information on requesting a correction or amendment of an H-2B application before issuance of a final determination is available in this FAQ.

This alert has been provided by BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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