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In Support of The TFR

The U.S. Departments of Labor (DOL) and Homeland Security (DHS) published a short-lived final guideline (TFR) increasing the numerical constraint 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 that are suffering irreversible harm or will suffer impending irreversible damage without the ability to employ all of the H-2B workers asked for under the cap boost. Under this TFR and in order to offer U.S. workers a sensible chance to pursue jobs for which employers will be seeking foreign workers under this TFR, the Departments have actually figured out that if companies file an I-129 petition with DHS 30 or more days after their qualified start dates of work, as shown on its previously approved 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 chance to prospective U.S. workers who are certified, ready, and readily available to carry out the work.

Employers that are needed to take part in extra recruitment must, among other requirements, place a brand-new task order with the State Workforce Agency (SWA) serving the location of desired work no later than the next business day after submitting an I-129 petition for H-2B workers to DHS, market the job chance for a period of a minimum of 15 calendar days, and notify the SWA that the job order is being positioned in connection with a formerly sent and accredited H-2B TLC by offering the SWA with the unique H-2B TLC case number assigned by the DOL Office of Foreign Labor Certification (OFLC). Under this TFR, employers must likewise supply the OFLC with the special H-2B TLC case number simultaneously with their positioning of brand-new task orders with the SWAs. This notice allows OFLC to cross recommendation and repost details about the task chances that are offered on the companies’ accredited H-2B TLC and initially posted on this SeasonalJobs.dol.gov site.

In assistance of the TFR, the information file below in Microsoft Excel format offers present information about the momentary or seasonal H-2B job chances that have been marketed or are presently being advertised concurrently with the SWA(s) for recruitment of U.S. workers and for which OFLC has actually gotten a distinct 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.