Today, the U.S. Department of Labor (DOL) completed processing of the almost 19,000 Group D cases and moved on to Group E. The DOL is currently two (2) weeks ahead of last year’s processing times!
What this means:
- 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;
- In prior years, the H-2B visa cap has already been reached during Group B petitions; therefore, for Groups C and later, the only way to file for out-of-country workers is through the Supplemental Cap (cap relief);
- The information about processing backlogs is relevant for all summer-season employers, including post-4/1 organizations, as the DOL cannot begin processing post-4/1 applications until it completes all April 1st filings;
- Please remember that in-country recruiting is the best option whenever possible, as it allows you to sidestep 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