April 2023 H-2B Visa Cycle Information
The April 2023 Visa Season is upon us. Let H2BLawyer be your guide to a successful application and finally get those workers your business needs.
On December 7, the Office of Foreign Labor Certification held a Webinar for those interested in the H-2B Visa program for the April 2023 Cycle. The Webinar is a valuable tool for any H-2B stakeholder, and can be found in pdf form in its entirety HERE.
While the entire pdf is worth a review, this Post intends to hit some of the high points as well as items that we find vital to a successful H-2B Visa application. As always, if you have any questions, please do not hesitate to reach out to us at Info@trentwilliamslaw.com.
The application window for all H-2B Visa 9142B applications with an April 1, 2023 start date shall begin on January 1 and shall end on January 3.
All applications received during this 72-hour window will be randomly assigned a group letter within 5 business days of the final day of the window.
Employers may not submit multiple applications for the same Job Position.
Same Job Position means the same job in the same area. It would be acceptable for multiple applications to be filed if each application applied to a different and distinct geographical area where work is to be done.
In the event that positions appear to be the same, there will be a notice sent to the Employer addressing this issue that allows for evidence to support the fact that the applications should be split rather than a single application.
Should the evidence submitted be found insufficient, the application with the earliest timestamp will be the application reviewed, and it will be viewed with its group assignment.
For example, if 5 applications are submitted and the application with the earliest timestamp is assigned Group D, the Employer will not have its application(s) reviewed further until Group D is timely.
There will be a new “Registration” component for H-2B Employers. In theory, this will reduce the amount of evidence required each year (for up to 3 years) because an Employer Registration will serve as a “piece of evidence that the Employer has satisfied the temporary need requirement.”
While it is unclear exactly how much weight an active Registration Number will carry in the eyes of a Certifying Officer, hopefully this is a step toward an easier annual path for Employers.
In future Cycles, there will be space for a Registration Number input on the 9142B document.
If the dates of need shift, this could result in a Notice of Deficiency and a subsequent new Registration Number (that would remain applicable for 3 years).
Applicants should “sign” all Appendix B documents with Pen. If digital signature is the only option, a document with a “drawn” signature rather than a digitally generated signature MAY suffice, but there is not clear commentary on this option.
All 9142Bs should include not only the MSA or County where work will be completed, but also the City.
There was a large section dedicated to Recruitment and the Recruitment Report. We have touched on this before, and it does not appear that anything new has developed. If you are unsure or a first time Employer, we would encourage you to purchase our Recruitment Report Template for just $99. Email Info@trentwilliamslaw.com to purchase yours today!
AS ALWAYS, IF YOU INTEND TO DEDUCT ANYTHING FROM THE WAGES OF AN H-2B WORKER, DISCLOSE THE DEDUCTION IN THE 9142B APPLICATION AS WELL AS THE SWA JOB ORDER.
If you have any questions about the upcoming H-2B Season, please reach out. Right now we’re getting calls from Employers, Agents and Attorneys. It MAY be too late for you to get started if you haven’t taken any preparation steps, but reach out anyways because there may be more options available to you or your clients than you realize!
Cheers to a successful 2023!