FY2027 Winter H-2B Filing Window Is Confirmed: What Employers Need to Know

If you've been tracking the H-2B calendar, this isn't a surprise. But it's worth saying out loud: FY2027 is almost here, and the winter season is opening.

The Department of Labor's Office of Foreign Labor Certification (OFLC) has officially confirmed the three-day filing window for H-2B applications requesting an October 1, 2026 work start date. That window runs July 3 through July 5, 2026.

How the Window Works

October 1 is the first day of the semi-annual visa allotment for the first half of Fiscal Year 2027. Employers seeking that start date must file their ETA-9142B and all required appendices during this three-day period. Applications requesting start dates of October 2 or later are not subject to the three-day window and must instead comply with the standard timeliness requirements under 20 CFR 655.15(b).

Once the window closes, OFLC will randomly order all applications received during the July 3 to 5 period before assigning them to analysts for review. This randomization procedure, established by Federal Register notice in March 2019, means that filing on July 3 provides no processing advantage over filing on July 5. The priority is not speed within the window. The priority is accuracy.

Filing Reminders From OFLC

A few operational points that employers and their representatives should have on their checklist before submitting:

• Submit only one application per job opportunity. Duplicate filings create processing delays and risk denial under 20 CFR 655.15(f).

• Concurrent SWA job order submission is required. A copy of the job order being submitted to the State Workforce Agency serving the area of intended employment must accompany the H-2B application, consistent with 20 CFR 655.16.

• Appendix B signatures must be current. OFLC has confirmed that the version of Appendix B with a June 30, 2026 expiration date remains acceptable, provided the signatures themselves are recent.

• If board, lodging, or other facilities are offered and deductions beyond those required by law will be made from worker pay, the details and amounts must be included in section F.d.6 of the ETA-9142B.

The Bottom Line

Three days. One application per job opportunity. Randomized selection after the window closes. Employers who have been preparing for this filing season should be in good shape. Those who are still getting organized have a narrow runway to pull it together.

Questions about your FY2027 winter filing? Contact Kirchner Law to discuss your timeline and documentation before the window opens.