January 7, 2022. OFLC Publishes List of Randomized H-2B Applications Submitted January 1-3 for Employers Seeking H-2B Workers Starting April 1, 2022.

To keep the public informed regarding the submission and assignment of H-2B applications for review, the Office of Foreign Labor Certification (OFLC) published the assignment group(s) for 7,875 H-2B applications covering 136,555 worker positions with the start date of work of April 1, 2022.

Following the randomization procedures published in the Federal Register on March 4, 2019, OFLC completed the randomization process on January 4 and assigned to National Processing Center analysts all H-2B applications placed in Assignment Group A for issuance of Notices of Deficiency or Acceptance. Group A includes enough worker positions to reach the H-2B semi-annual visa allotment of 33,000. Six additional Assignment Groups were created for the remaining applications, each of which includes no more than 20,000 worker positions.

On January 4, 2022, OFLC provided written notice to each employer (and the employer's authorized attorney or agent) informing them about the Assignment Group for their application(s).

January 4, 2022. OFLC Conducts Randomization Process on H-2B Applications Submitted Requesting an April 1, 2022, Work Start Date.

The Office of Foreign Labor Certification has completed the randomization process to randomly assign all H-2B applications submitted during the initial three-day filing window, January 1-3, 2022, requesting an April 1, 2022, work start date for the second half of the Fiscal Year 2022 H-2B statutory visa cap.

OFLC received a total of 7,875 H-2B applications requesting 136,555 worker positions during this filing period.

OFLC will be providing written notification to employers (and the employer's authorized attorney or agent) with their H-2B Assignment Group. On January 7, 2022, OFLC will also publish on its website the list of the H-2B applications assigned to each Assignment Group.

December 29, 2021. ETA Issues H-2A Program Frequently Asked Questions, Covering Wage Disclosure and Calculation Requirements on the Forms ETA-790/790A, H-2A Agricultural Clearance Order, and Addendum A

The Employment and Training Administration (ETA) has posted a set of Frequently Asked Questions (FAQs), related to the wage disclosure and calculation requirements for agricultural clearance orders, including in the H-2A temporary labor certification program. These FAQs remind State Workforce Agencies that they are obligated under the Wagner-Peyser Act regulations at 20 CFR 653.501 to check an employer’s piece rate offer, estimated in hourly wage rate equivalents for each activity and unit size, when reviewing the Forms ETA-790A and 790B (collectively referred to as “Agricultural Clearance Orders) and to clarify related wage disclosure and calculation requirements of these forms for employers.

December 20, 2021. H-2B Application Filing Timelines for 2022 Peak Filing Season

The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting work start dates of April 1, 2022, or later, will open on January 1, 2022, at 12:00 a.m. Eastern Time.

Following OFLC’s standard operating procedures, H-2B applications requesting an April 1, 2022, work start date will be denied if they are filed before January 1, 2022, at 12:00 a.m. Eastern Time.

OFLC will randomly order for processing all H-2B applications requesting a work start date of April 1, 2022, that are filed during the initial three calendar days (January 1-3, 2022) using the randomization procedures published in the Federal Register on March 4, 2019. Each day, from January 2, 2022 through January 4, 2022, OFLC will publish on the Foreign Labor Application Gateway System website the number of H-2B applications it has received to date and the total number of requested worker positions on those applications.