The U.S. Departments of Labor (DOL) and Homeland Security (DHS) published a short-term final guideline (TFR) increasing the mathematical limitation on H-2B nonimmigrant visas to no greater 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 irreparable damage or will suffer approaching irreparable damage without the ability to utilize all of the H-2B workers requested under the cap increase. Under this TFR and in order to provide U.S. workers a realistic opportunity to pursue jobs for which employers will be looking for foreign employees under this TFR, the Departments have actually figured out that if employers file an I-129 petition with DHS 30 or more days after their certified start dates of work, as revealed 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 market the task opportunity to prospective U.S. employees who are qualified, willing, and readily available to carry out the work.

Employers that are needed to participate in extra recruitment must, to name a few requirements, put a brand-new task order with the State Workforce Agency (SWA) serving the area of desired work no later on than the next service day after submitting an I-129 petition for H-2B employees to DHS, market the task chance for a duration 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 distinct H-2B TLC case number designated by the DOL Office of Foreign Labor Certification (OFLC). Under this TFR, employers must likewise offer the OFLC with the unique H-2B TLC case number concurrently with their positioning of new task orders with the SWAs. This alert permits OFLC to cross reference and repost information about the job opportunities that are supplied on the employers' certified H-2B TLC and at first posted on this SeasonalJobs.dol.gov website.

In support of the TFR, the information file below in Microsoft Excel format offers present information about the short-term or seasonal H-2B job opportunities that have actually been advertised or are currently being marketed concurrently with the SWA(s) for recruitment of U.S. workers and for which OFLC has actually received a distinct H-2B TLC case number from the company. A record design in Adobe PDF format consisting of a description of each data field is likewise available for download.