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H‑2B Petitioners Must Include Temporary Labor Certification Final Determination with USCIS Form I‑129

USCIS announced that employers whose H‑2B application was processed in FLAG must include a printed copy of the electronic one-page “final determination” of their H‑2B temporary labor certification approval when submitting Form I‑129, Petition for a Nonimmigrant Worker. Employers must also ensure that the DOL Case Number identified on the final determination is the same as the ETA Case Number provided in Part 5, Item 2 of Form

USCIS Announces Cap Reached for Additional H-2B Visas for FY2019

USCIS announced that it received enough petitions to reach the additional maximum 30,000 visas made available under the May 8, 2019, temporary final rule for returning workers under the H‑2B cap for FY2019. USCIS will reject and return any cap-subject petitions and accompanying filing fees received after June 5, 2019.

DOL Will Only Accept Electronic Filings of Form ETA 9141 via FLAG System’

As of today, DOL only accepts electronic filings of Form ETA 9141, Application for Prevailing Wage Determination, through the new Foreign Labor Application Gateway (FLAG) System. Furthermore, beginning Thursday, June 13, 2019, H‑2B applications will be accepted via FLAG, and on July 3, 2019, all H‑2B applications must be sumbmitted via FLAG

DOL Publishes Notice of Updates to Procedures for Processing H‑2B Applications

The DOL Office of Foreign Labor Certification (OFLC) published notice in the Federal Register that all applications filed on or after July 3, 2019, will be randomly ordered for processing based on the date of filing and the start date of work requested. The public may submit comments on these changes through April 2, 2019.

DHS Publishes Notice of Eligible H‑2A and H‑2B Countries for 2019

DHS published notice in the Federal Register of the 84 countries whose nationals are eligible to participate in the H‑2A program and the 81 countries whose nationals are eligible to participate in the H‑2B program for the coming year. The designations in the notice are effective from January 19, 2019, and shall be without effect after January 18, 2020.

DHS Publishes Notice of Eligible H‑2A and H‑2B Countries for 2019

DHS published notice in the Federal Register of the 84 countries whose nationals are eligible to participate in the H‑2A program and the 81 countries whose nationals are eligible to participate in the H‑2B program for the coming year. The designations in the notice are effective from January 19, 2019, and shall be without effect after January 18, 2020.

DOL Provides Update on H‑2B Processing

DOL posted an update on H‑2B processing, including information on how date and time stamps were assigned and why some users continued to see an outage banner after the iCERT system was restored on January 7, 2019.

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