H-2B Visa Webinar 2021
On December 7, 2021, the Department of Labor hosted a webinar to discuss various matters related to the April 1, 2022, H-2B Visa cycle. Much of this webinar discussed general rules/regulations of the H-2B Visa program and much of this information can be found on our Resources Page, so we will try to avoid repeating it in this Summary.
The webinar began with a broad strokes summary of the program “obtain DOL Certification, file with USCIS, receive USCIS Approval, Beneficiaries interview, Beneficiaries enter the country, etc.” and “Needs must be temporary and ‘seasonal, peak load, etc.’” - ALL OF THIS INFORMATION CAN BE FOUND ON OUR RESOURCES PAGE IN THE H-2B VISA EMPLOYER SERIES!
The webinar then went into the specifics of the April 1, 2022 cycle.
The Filing Dates for April 1, 2022 will be: January 1, January 2, and January 3. Applications filed on ANY of these three days will be subject to the random group assignment that will take place on January 4, 2022.
Following group assignments, notifications will be sent to employers/representatives and a list will be published for public review within 5 days of assignment. Group assignments and distributions will be similar to the past two years. Group A is the most desirable group as these applications will be reviewed first and then Group B and so on.
The webinar mentioned a new messaging feature on FLAG. Having represented clients in October 1, 2021, I am familiar with this feature, and I will say that it is pretty intuitive. I would recommend logging into FLAG and looking around, but until messages come in you won’t notice any changes.
The webinar then discusses some “tips” for filing your 9142B. If you follow our Resources Page, the Youtube series that Williams Law did with Fronteratech or signed up for with Williams Law x Frontera Tech Ebook (request one on our website), then you will already be familiar with a lot of these “tips” so don’t worry!
One item worth noting was a discussion on multiple filings by the same employer. This conversation got in the weeds a bit and there was some commentary that the facts given during the webinar have been proven wrong or improper in light of a recent BALCA decision (specifically the portion regarding a “single employer test”. However, if you represent a company or are an employer filing multiple applications whether it be based on differing geographic locations, different positions, or different dates of need, this may be worth reviewing. “Only one Application for Temporary Employment Certification may be filed for worksite(s) within one area of intended employment for each job opportunity with an employer for each period of employment. 20 CFR 655.15(f).”
If you are an employer or represent an employer who might run into this issue, I would recommend proceeding with caution. Speak with a more seasoned attorney or an attorney in general who may help you navigate this matter. And, if you receive an NOD based on this issue, DON’T PANIC! NODs are not the end of the world. Stay calm. Respond quickly and accordingly. Keep moving forward.
If you are an employer who is switching from the October cycle to the April cycle (yes there are a few!), then you will be expected to clearly distinguish your upcoming need from your historical needs. This is something that sends up a red flag, and if there is an understandable shift in your business or an intuitive shift, an NOD may be issued requiring further explanation.
While the rest of the webinar provided valuable information, it was all commentary on rules and regulations. It discussed some how-tos as far as filling out Job Orders, compliance with advertising requirements, and how to file an extension for your workers if something arises that creates an extended need.
While the webinar would be a great starting point for a new H-2B Employer or new H-2B attorney, the content is quite redundant with the resources made available by Williams Law, so we will not spend too much time speaking to the exact rules/regulations in this post. However, if this post or the webinar leads to any questions about the program in general or about your particular case, we would be happy to discuss these items with you prior to your January filing. And if you’re wondering about consultation rates, you can check out our most recent post that discusses our plans for the rest of 2021 and 2022!
