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.
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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.
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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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The Department of Labor’s Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that H-2B Applications for Temporary Employment Certification, Form ETA-9142B, with April 1, 2019, start dates may be filed no earlier than January 1, 2019 at 12:00:00.000 a.m. Eastern Time
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DOL announced that the iCERT system is experiencing an outage due to the unprecedented demand for H‑2B certifications received within the first five minutes of the semi-annual H‑2B certification process, which opened on January 1, 2019, at 12:00 am (ET). DOL stated it is working diligently to resolve the issue and will give at least 24 hours’ notice before the iCERT system is reopened. DOL will provide another update tomorrow
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USCIS announced that it reached the H‑2B cap for the first half of FY2019. December 6, 2018, was the final receipt date for new cap-subject H‑2B petitions requesting an employment start date before April 1, 2019.
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USCIS updated its H‑2B cap count for FY2019, stating that it has received 23,503 beneficiaries towards the 33,000 cap for the first half of FY2019, with 20,155 approved and 3,348 beneficiaries pending.
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DOL published a proposed rule for the H-2A visa program and, jointly with DHS, a proposed rule for the H-2B visa program to modernize recruitment requirements for both programs by replacing the currently required newspaper advertisements with electronic advertisements.
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