Update: H-2B Applications for the Fall Visa Allotment
Demand for fall visas is unusually high this season
Per U.S. Department of Labor (DOL) regulations, all applications submitted within the first three days of the filing window are subject to a randomization procedure that assigns a “lottery group” to determine processing order. This is the case regardless of how many applications are received.
Historically, demand for fall visas has been substantially less than the 35,000 workers allocated to “Group A” employers. Accordingly, 100% of employers filing for an October 1 start date received a Group A assignment.
This year, however, we wish to make you aware that a minority of applications were assigned Group B. While DOL has not yet released statistics on the exact filing numbers, the implication is that demand for fall visas is unusually high this season, such that Group B assignments were necessary.
What does this mean for your business?
Receiving a Group B assignment is NOT fatal to your case. Our experience over the past several years has been that upwards of two-thirds of Group B employers are successful under the normal Spring cap allotment, even with a full Group B. Currently, only a minority of cases were assigned Group B, and zero cases fell into Group C. We are therefore optimistic that there will be sufficient visa capacity to accommodate all Group A and B employers.
We are also optimistic that the Biden Administration will release supplemental “cap relief” visas for the Fall, just as they did for the 2022-2023 season. At this time, however, we are unable to speculate on the timing of such a release.
If you were assigned Group B, the biggest impact will likely be the timing of your labor certification. DOL usually takes roughly one month to process each lottery group. If this timing holds true for Fall, we expect your case to be processed sometime in August. Your Case Manager will notify you promptly if action is taken on your case. As always, your responsiveness and timeliness to the recruitment obligations will maximize your chance of success.
Unfortunately, October 1st employers unable to file within the three-day lottery window due to a pending Prevailing Wage Determination (PWD) may need to rely on Fall cap relief, when available. This is because such cases will be processed after the Group B cases, and we cannot say for certain how many visas may remain at that time (if any).
Likewise, the current lottery situation likely precludes success for employers filing for start dates later than October 1. Employers with start dates later in October (or November) will likely need to rely on Fall cap relief, when available.
Given the foregoing, másLabor will be proceeding under the assumption that all Group A and B cases will be successful under the normal Fall cap allotment. We will also continue to monitor processing times and data from DOL as well as updates on potential cap relief.