The Labor Department’s Office of Foreign Labor Certification (OFLC) has published its randomized assignment list for H-2B applications with a 1 October 2026 start date. Between 3 July and 5 July the office received 2,625 applications covering 51,158 worker positions—an over-subscription almost triple the semi-annual cap of 33,000. Each filing has now been placed in one of several "assignment groups," which determines the order in which analysts will process prevailing-wage reviews and issue Notices of Acceptance (NOAs). Employers in landscaping, hospitality and seafood processing rely heavily on the fall/winter allotment. Those that landed in Group A can expect adjudication within weeks, while Group D or E applicants may not receive an NOA before the statutory cap is reached. OFLC has emailed group numbers to each employer and instructed them to monitor the FLAG portal for updates. Because USCIS cannot approve petitions without a certified labor application, group placement effectively sets the odds of securing visas. Companies with critical seasonal needs should begin contingency planning—such as adjusting project timelines or exploring J-1 interns and F-1 student employment—as soon as possible. The data will also feed legislative efforts in Congress, where bipartisan bills propose to make the H-2B returning-worker exemption permanent. Attorneys note that OFLC continues to scrutinise job-order content for wage compliance; any deficiency could push an application to the back of the queue. Employers are urged to respond to Requests for Information within the shortened deadlines flagged in recent guidance.
Source: AILA news alert (public)
