Late this afternoon, the U.S. Department of Labor (DOL) completed processing of cases in Group G (the last 4/1 lottery group) and has moved on to cases with post-4/1 start dates. The DOL is currently 2.5 weeks ahead of last year’s processing times!
What this means:
- Now that the DOL has completed the huge volume of April 1st filings, processing should start to move much more quickly. For example, last year, the DOL took less than 1 week after finishing April 1st start dates to reach applications with early-May and even mid-May start dates.
- Last year Groups B, C, and D were able to file for returning-worker cap relief, while the remainder of “early-season” summer employers who were interested in cap relief were limited to the “special country allocation” cap relief. This will likely be a good estimate again this year for those interested in filing supplemental cap petitions – however, because the government is processing cases more quickly this year and due to the government’s delay in announcing cap relief, there is a chance that some of the later groups (E and maybe F) could be eligible for returning-worker cap relief;
- Please remember that in-country recruiting is the best option whenever possible, as it allows you to side-step the cap entirely and avoids the risks associated with supplemental cap petitions (“irreparable harm” and audits – see the attached Client Alert for more information).
Please let us know if you have any questions.
Thank you,
Keith and the Pabian Law Team