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The Office of Foreign Labor Certification (OFLC) recently announced solicitation of input for the annual determination of labor supply states (LSS) to enhance U.S. worker recruitment under the 2022 H-2A Final Rule.
Key Points:
Additional Information: The OFLC Administrator will also consider data and information about labor flow trends from the public to inform a determination regarding expanded interstate circulation of H-2A job orders by State Workforce Agencies on behalf of employers. These determinations are important for ensuring that agricultural job opportunities are more broadly available to qualified workers in the United States.
This alert has been provided by the BAL U.S. Practice Group.
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The Office of Foreign Labor Certification (OFLC) recently announced it will permanently delete records for which a final determination was made more than five years ago from the decommissioned legacy Permanent Online System.
Additional Information: The FLAG System was implemented to replace the legacy Permanent Online System, improve customer service and modernize the administration of foreign labor certification programs. Employers and their representatives who wish to obtain any records from the legacy Permanent Online System must submit a Freedom of Information Act (FOIA) request no later than June 5, 2025. After this date, affected records will no longer be retrievable.
U.S. Customs and Border Protection (CBP) continues to roll out airport modernization enhancements to support the expected increase in international travel, including Enhanced Passenger Processing (EPP) and Seamless Border Entry (SBE) at certain U.S. airports.
Additional Information: All CBP mobile apps are free and available through the Google Play Store and Apple App Store, or by visiting the CBP Mobile Apps Directory.
Update on applications received for requested date of need from Oct. 1, 2024, through March 31, 2025 (fiscal year (FY) 2025 first half of the visa cap):
The Department of Labor (DOL) reported that as of May 17, a total of 5,944 cases were issued Final Decisions. Certified positions for this period were allocated for 111,019 workers.
In April, U.S. Citizenship and Immigration Services reached the additional H-2B visa cap made for returning workers for the early second half of FY 2025 with start dates from April 1 to May 14, 2025.
Update on applications received for requested date of need from April 1, 2025 (FY 2025 second half of the visa cap):
As of May 17, a total of 8,501 cases were issued Final Decisions. Certified positions for this period were allocated for 116,602 workers.
Additional Information: On May 15, the Office of Foreign Labor Certification published an updated Foreign Labor Recruiter List of names for the H-2B program as required by Temporary Employment of Foreign Workers in the United States federal regulations and to help ensure greater transparency the for the H-2B worker recruitment process and facilitate the interagency exchange of information within the U.S. government.
The list contains the name and location of persons or entities identified on Appendix C of Form ETA-9142B that were hired by, planning to engage or work on behalf of employers in the recruitment of prospective H-2B workers to perform the work described on their H-2B application and includes only those names and locations associated with H-2B applications that were processed or issued a Final Decision from Oct. 1, 2023, through March 31, 2025.
The H-2B Foreign Labor Recruiter List for Q2 FY 2025 can be downloaded here.
Twelve BAL attorneys are named in the 2025 Lawdragon 100 Leading Immigration Lawyers list. The list recognizes lawyers who make a significant impact, specifically regarding recent matters handled and cutting-edge litigation, as well as those who are consistently turned to for guidance in trending immigration issues.
“It’s always an honor to be recognized by a prestigious publication like Lawdragon,” said Frieda Garcia, Managing Partner at BAL. “It’s even more rewarding to see so many BAL attorneys on the list. Our team strives to do impactful work in immigration law every day, and this recognition helps celebrate that effort.”
The following BAL attorneys were honored by Lawdragon this year:
In addition, Partner Emeritus Jeff Appleman was named to the Lawdragon Hall of Fame, recognizing outstanding lawyers who have made a remarkable contribution to the profession.
The full list of 2025 Lawdragon 100 Leading Immigration Lawyers can be viewed here.
U.S. Citizenship and Immigration Services alerted employers of a recent E-Verify technical issue with Social Security Administration and Department of Homeland Security mismatch cases. The agency urges employers to take action to resolve the issue.
U.S. Citizenship and Immigration Services provided updates on the fiscal year (FY) 2026 H-1B cap process, noting a significant decrease in the total number of registrations submitted and eligible beneficiaries compared to FY 2025.
Additional Information: The chart below shows registration and selection numbers for FYs 2021–26:
The State Department recently noted a change to the Foreign Affairs Manual (FAM) clarifying that certain match officials can travel to the U.S. on a B-1 business visa or Electronic System for Travel Authorization (ESTA).
Additional Information: The new policy language falls under 9 FAM 402.2-5 (C)(10) (U) Participants in International Sporting Events (CT:VISA-2145; 04-14-2025) and reads:
Referees, Judges and Technical Officials: A referee, judge, or technical official may be issued a B-1 visa if the applicant has been hired subject to a selection process to referee, judge, oversee, or officiate a sporting event with an international dimension (such as FIFA World Cup or the Olympics). Technical officials are responsible for applying the rules or regulations of individual sports to make judgments on performance, ranking, time or rule infringement, and ensure that all athletes can compete fairly (for example, timekeepers, weigh-in officials, starters, lane inspectors, and stroke and turn officials). Such aliens may not receive a salary or payment for services from a U.S. source, other than remuneration for incidental expenses.
The Labor Department posted the latest processing times for permanent labor certification (PERM) applications a week after it posted April 30 updates. As of May 8, the department was adjudicating PERM applications filed in January 2024 and earlier and reviewing appeals for reconsideration filed in March 2025 and earlier.
These dates reflect the month and year in which cases were filed and are currently being adjudicated. The Reconsideration Request date for reviewing appeals reflects the month and year in which cases that are currently being reviewed were appealed. For various reasons, the Office of Foreign Labor Certification (OFLC) may be completing the processing of applications filed prior to the month posted.
Average Number of Days to Process PERM Applications
These dates reflect the amount of time to process applications. Actual processing times for each employer’s PERM application may vary from the average depending on material facts and individual circumstances of the case. OFLC is reporting the average processing time for all PERM applications for the most recent month.
The U.S. State Department released the June Visa Bulletin. U.S. Citizenship and Immigration Services announced filings for employment-based visa preference categories must use the Final Action Dates chart. India dates remain the same and China shows slight advancement in EB-2 and EB-3 visa categories.
Final Action Dates:
EB-1 visa
EB-2 visa
EB-3 visa
Final Action Dates Chart for Employment-Based Visa Applications