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AILA Doc. No. 19121300 | Dated December 19, 2019 | File Size: 1412 KDownload the Document
On December 11, 2019, the Office of Foreign Labor Certification conducted a webinar to update stakeholders on the process for filing H-2B applications requesting a work start date of April 1, 2020, or later. For stakeholders who were not able to participate, the H-2B FY 2020 Best Practices Presentation webinar is now available to watch online.
On December 11, 2019, the Office of Foreign Labor Certification (OFLC) conducted a webinar to update stakeholders on the process for filing H-2B applications requesting a work start date of April 1, 2020, or later.
This webinar also provided best practices and helpful tips for preparing and submitting H-2B Applications for Temporary Employment Certification (Form ETA-9142B and appendices) using the Foreign Labor Application Gateway System. The presentation materials are now available on the H-2B Temporary Non-Agriculture Program page of the OFLC website and at the hyperlink below.
IMPORTANT REMINDER: Employers are reminded that they should file only one application for the same job opportunity. With limited exception, under 20 CFR 655.15(f), only one Application for Temporary Employment Certification (Form ETA-9142B and appendices) may be filed for worksite(s) within one area of intended employment for each job opportunity with an employer for each period of employment.
OFLC will review and process only the application that is filed first, according to its timestamp. If OFLC identifies multiple applications that appear to have been filed for the same job opportunity, OFLC will consider the first application filed in timestamp order - irrespective of randomization group assignments - as the official application submitted by (or on behalf of) the employer. OFLC will issue a Notice of Deficiency on the first application reviewed (i.e., the application that is randomized closest to the top of the processing order) to require the employer to establish a bona fide need for all potentially duplicative applications. Employers that fail to establish a bona fide need for each of the applications will receive a non-acceptance denial for each application identified as a duplicate and received after the application that was filed first.
Any necessary corrections or amendments should be made to the first application filed. For further information on requesting a correction or amendment of an H-2B application before a final determination is issued, please refer to H-2B Frequently Asked Questions Round 11.
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