In Support of The TFR

The U.S. Departments of Labor (DOL) and Homeland Security (DHS) released a temporary last rule (TFR) increasing the mathematical restriction on H-2B nonimmigrant visas to no more than 64,716 for FY 2024 positions with start dates of work on or after October 1, 2023 through September 30, 2024, to certifying companies that are suffering irreparable damage or will suffer upcoming permanent damage without the ability to employ all of the H-2B employees asked for under the cap increase. Under this TFR and in order to offer U.S. workers a reasonable opportunity to pursue jobs for which employers will be seeking foreign employees under this TFR, the Departments have identified that if employers submit an I-129 petition with DHS 30 or more days after their licensed 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 extra, positive recruitment steps to market the task chance to potential U.S. workers who are certified, prepared, and available to carry out the work.

Employers that are required to take part in additional recruitment must, to name a few requirements, position a new task order with the State Workforce Agency (SWA) serving the location of desired employment no behind the next business day after submitting an I-129 petition for H-2B workers to DHS, promote the job opportunity for a period of a minimum of 15 calendar days, and inform the SWA that the job order is being placed in connection with a previously sent and licensed H-2B TLC by supplying 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 also provide the OFLC with the unique H-2B TLC case number simultaneously with their placement of new job orders with the SWAs. This notification enables OFLC to cross recommendation and repost info about the task opportunities 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 provides present information about the temporary or seasonal H-2B task chances that have been marketed or are presently being advertised concurrently with the SWA(s) for recruitment of U.S. employees and for which OFLC has actually an unique H-2B TLC case number from the employer. A record design in Adobe PDF format consisting of a description of each data field is also available for download.