In Support of The TFR

The U.S. Departments of Labor (DOL) and Homeland Security (DHS) released a short-term final guideline (TFR) increasing the numerical limitation on H-2B nonimmigrant visas to no more than 64,716 for FY 2024 positions with start dates of deal with or after October 1, 2023 through September 30, 2024, to qualifying employers that are suffering permanent damage or will suffer impending irreversible damage without the capability to employ all of the H-2B employees requested under the cap increase. Under this TFR and in order to provide U.S. employees a reasonable opportunity to pursue jobs for which companies will be seeking foreign employees under this TFR, the have actually identified that if companies submit an I-129 petition with DHS 30 or more days after their qualified start dates of work, as shown on its formerly authorized DOL Form ETA-9142B, Final Determination: H-2B Temporary Labor Certification Approval (H-2B TLC), they must take extra, positive recruitment steps to advertise the task opportunity to prospective U.S. workers who are qualified, willing, and available to perform the work.

Employers that are required to take part in extra recruitment must, to name a few requirements, place a brand-new job order with the State Workforce Agency (SWA) serving the location of intended employment no behind the next service day after submitting an I-129 petition for H-2B workers to DHS, promote the task opportunity for a period of at least 15 calendar days, and notify the SWA that the job order is being positioned in connection with a formerly sent and licensed H-2B TLC by supplying the SWA with the special H-2B TLC case number appointed by the DOL Office of Foreign Labor Certification (OFLC). Under this TFR, companies should also supply the OFLC with the unique H-2B TLC case number simultaneously with their positioning of new task orders with the SWAs. This notification enables OFLC to cross referral and repost information about the job chances that are offered on the companies’ certified H-2B TLC and initially posted on this SeasonalJobs.dol.gov site.

In assistance of the TFR, the data file listed below in Microsoft Excel format supplies existing information about the short-term or seasonal H-2B task chances that have been advertised or are currently being marketed simultaneously with the SWA(s) for recruitment of U.S. employees and for which OFLC has actually received an unique H-2B TLC case number from the company. A record layout in Adobe PDF format containing a description of each information field is likewise available for download.