The extremely high number of applications has prompted the Office of Foreign Labor Certification to process applications as they’re received instead of in batches. Employers that want visas for the second allotment period, April 1 through September 30, 2018, are urged to apply immediately before the 33,000 cap is met.
The U.S. Department of Labor (DOL) says the extremely high number of H-2B visa applications received has so overwhelmed the Office of Foreign Labor Certification (OFLC) that it will process applications as they’re received instead of in batches based on the day filed, HR Dive reported.
The agency urged employers that want visas for the second allotment period, April 1 through September 30, 2018, to apply immediately for a temporary labor certification and file a petition with the U.S. Citizen and Immigration Service (USCIS), as required, before the semi-annual visa cap of 33,000 is met, HR Dive reported.
Labor certification applications typically spike at the start of January for temporary and seasonal jobs in the spring and summer, the OFLC said. The agency says it received an “unprecedented” number of employer requests for H-2B workers on January 1, 2018—approximately three times greater than the number of applications received on January 1, 2017, and more than two-and-a-half times greater than the 33,000 semi-annual visa allotment, HR Dive reported.
The change will prevent processing delays and give employers who filed promptly enough time to meet regulatory requirements, OFLC said, which includes an effort to recruit American workers, HR Dive reported.
The processing change further demonstrates that the demand for H-2B visas remains high, HR Dive reported in an analysis. The tight labor market and low unemployment rate is exacerbating the already high need for hospitality workers, and Americans are historically uninterested in the seasonal jobs that H-2B visas help companies fill. Critics of the program, however, say the visas allow seasonal employers to essentially circumvent American hiring, HR Dive reported.
In 2017, Congress did not extend the H-2B’s returning worker exemption, creating delays and shortages that led some restaurants, hotels and other seasonal businesses to consider closing for the season. Already, visa applications this year have exceeded those from last year at the same time. Employers—especially those in the seasonal hospitality industry—may face similar troubles going into 2018, HR Dive reported.
Getting visa applications in as early as possible and following up with the labor certification application and other requirements, DOL advises, is crucial if employers want to hire the workers they need in this job seekers’ market, HR Dive reported.
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