In Support of The TFR

The U.S. Departments of Labor (DOL) and Homeland Security (DHS) published a temporary final rule (TFR) increasing the mathematical 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 companies that are suffering irreparable harm or will suffer impending irreversible damage without the capability to utilize all of the H-2B employees asked for under the cap increase. Under this TFR and in order to provide U.S. employees a reasonable chance to pursue jobs for which companies will be seeking foreign employees under this TFR, the Departments have determined that if companies file an I-129 petition with DHS 30 or more days after their licensed start dates of work, as revealed on its formerly approved DOL Form ETA-9142B, Final Determination: H-2B Temporary Labor Certification Approval (H-2B TLC), they must take additional, positive recruitment actions to advertise the job chance to potential U.S. workers who are qualified, ready, and readily available to perform the work.

that are needed to take part in additional recruitment must, among other requirements, position a brand-new job order with the State Workforce Agency (SWA) serving the location of desired work no later on than the next organization day after submitting an I-129 petition for H-2B employees to DHS, promote the job opportunity for a duration of at least 15 calendar days, and inform the SWA that the job order is being placed in connection with a previously submitted and licensed H-2B TLC by providing the SWA with the distinct H-2B TLC case number designated by the DOL Office of Foreign Labor Certification (OFLC). Under this TFR, companies should also provide the OFLC with the distinct H-2B TLC case number simultaneously with their placement of brand-new job orders with the SWAs. This notification enables OFLC to cross recommendation and repost information about the task chances that are supplied on the employers’ certified H-2B TLC and initially published on this SeasonalJobs.dol.gov site.

In support of the TFR, the data file below in Microsoft Excel format provides current information about the momentary or seasonal H-2B job opportunities that have actually been marketed or are currently being advertised concurrently with the SWA(s) for recruitment of U.S. employees and for which OFLC has gotten a special H-2B TLC case number from the employer. A record layout in Adobe PDF format including a description of each information field is also readily available for download.