June 24, 2022. 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 three-day filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting a work start date of October 1, 2022, will open on July 3, 2022, at 12:00 a.m. Eastern Time, and close on July 5, 2022, at 11:59 p.m. Eastern Time. This three-day period is the earliest an employer may file an application for an October 1, 2022, work start date, which is the first day of the semi-annual visa allotment for the first half of Fiscal Year 2022. Employers seeking start dates of October 2, 2022, or later must comply with the timeliness requirements at 20 CFR 655.15(b).

In accordance with regulatory requirements and OFLC’s standard operating procedures, H-2B applications requesting October 1, 2022, a work start date will be denied if they are filed before July 3, 2022, at 12:00 a.m. Eastern Time.

OFLC will randomly order for assignment to analysts for review and processing all H-2B applications requesting a work start date of October 1, 2022, that are filed during the three-day filing window (July 3-5, 2022) using the randomization procedures published in the Federal Register on March 4, 2019.

Filing Tips

  • Only one Application for Temporary Employment Certification per job opportunity should be filed to prevent duplicate filings and delays in processing.
  • If answering “yes” to Board, Lodging, or Other Facilities, please include the details of the deductions and indicate that it is optional to the workers.
  • The employer must submit the job order to the SWA serving the area of intended employment at the same time it submits the Application for Temporary Employment Certification and a copy of the job order to the OFLC National Processing Center.
  • Original signatures and dates on Appendix B must be current.