The U.S. Departments of Labor (DOL) and Homeland Security (DHS) published a temporary final rule (TFR) increasing the numerical constraint 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 irreversible harm or will suffer approaching irreversible harm without the capability to use all of the H-2B employees requested under the cap increase. Under this TFR and in order to provide U.S. workers a practical opportunity to pursue jobs for which companies will be seeking foreign employees under this TFR, the Departments have actually determined that if employers submit an I-129 petition with DHS 30 or more days after their licensed 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 should take extra, positive recruitment actions to advertise the job chance to prospective U.S. employees who are certified, ready, and available to carry out the work.

Employers 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 designated work no later than the next service day after sending an I-129 petition for H-2B employees to DHS, market the job opportunity for a duration of a minimum of 15 calendar days, and inform the SWA that the task order is being positioned in connection with a previously sent and accredited H-2B TLC by providing the SWA with the distinct H-2B TLC case number assigned by the DOL Office of Foreign Labor Certification (OFLC). Under this TFR, companies must also offer the OFLC with the distinct H-2B TLC case number concurrently with their positioning of new job orders with the SWAs. This alert enables OFLC to cross reference and repost info about the job chances that are offered on the companies' certified H-2B TLC and initially published on this SeasonalJobs.dol.gov website.

In support of the TFR, the information file below in Microsoft Excel format supplies existing details about the short-term or seasonal H-2B task chances that have actually been promoted or are currently being advertised simultaneously with the SWA(s) for recruitment of U.S. employees and for which OFLC has actually gotten a special H-2B TLC case number from the company. A record design in Adobe PDF format including a description of each information field is also available for download.