The application filing window to submit an H-2B Application for Temporary Employment Certification for work start dates of April 1, 2025 or later opens on Jan. 1, 2025 at 12:00 a.m. Eastern Time.

Key Points:
  • H-2B applications requesting an April 1, 2025 work start date will be denied if they are filed before January 1, 2025 at 12:00 a.m. Eastern Time.
  • The Office of Foreign Labor Certification (OFLC) will follow established randomization procedures of all H-2B applications requesting a work start date of April 1, 2025 that are filed during Jan. 1 – 3, 2025.
  • Employers should be aware of the following OFLC guidelines to minimize possible delays or denials:
    • If OFLC identifies multiple applications that appear to have been filed for the same job opportunity, OFLC will issue a Notice of Deficiency.
    • If multiple filings are submitted during the three-day filing window, all applications will receive a Notice of Deficiency requesting that the employer demonstrate that the job opportunities are not the same.
    • Employers that fail to establish a bona fide need for each application will receive a non-acceptance denial for each application.

Additional Information: Employers are reminded that Foreign Labor Application Gateway (FLAG) System user accounts are solely for the use of the individual for whom they were created. Sharing the same user account is forbidden and is grounds for terminating FLAG access.

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

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