The U.S. Departments of Labor (DOL) and Homeland Security (DHS) published a temporary final guideline (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 employers that are suffering irreversible harm or will suffer upcoming permanent harm without the capability to utilize all of the H-2B employees requested under the cap increase. Under this TFR and in order to provide U.S.
workers a reasonable chance to pursue tasks for which companies will be seeking foreign workers under this TFR, the Departments have actually determined that if employers file an I-129 petition with DHS 30 or more days after their qualified start dates of work, as revealed on its formerly authorized DOL Form ETA-9142B, Final Determination: H-2B Temporary Labor Certification Approval (H-2B TLC), they should take additional, favorable recruitment steps to advertise the task opportunity to potential U.S.
workers who are certified, willing, and offered to perform the work.
Employers that are needed to engage in extra recruitment must, among other requirements, place a new job order with the State Workforce Agency (SWA) serving the area of desired work no later than the next organization day after submitting an I-129 petition for H-2B workers to DHS, promote the job chance for a period of a minimum of 15 calendar days, and notify the SWA that the job order is being placed in connection with a previously submitted and licensed H-2B TLC by offering the SWA with the distinct H-2B TLC case number assigned by the DOL Office of Foreign Labor Certification (OFLC). Under this TFR, employers must likewise offer the OFLC with the special H-2B TLC case number concurrently with their positioning of new task orders with the SWAs.
This alert enables OFLC to cross recommendation and repost details about the job chances that are provided on the employers' licensed H-2B TLC and at first posted on this SeasonalJobs.dol.gov site.
In assistance of the TFR, the data file listed below in Microsoft Excel format supplies existing details about the temporary or seasonal H-2B task chances that have actually been marketed or are currently being marketed simultaneously with the SWA(s) for recruitment of U.S. workers and for which OFLC has gotten an unique H-2B TLC case number from the company. A record design in Adobe PDF format containing a description of each data field is also offered for download.