In Support of The TFR

The U.S. Departments of Labor (DOL) and Homeland Security (DHS) released a short-term last 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 work on or after October 1, 2023 through September 30, 2024, to certifying employers that are suffering permanent damage or will suffer upcoming irreversible harm without the capability to utilize all of the H-2B employees requested under the cap boost. Under this TFR and in order to provide U.S. employees a realistic chance to pursue jobs for which companies will be looking for foreign workers under this TFR, the Departments have actually identified that if companies submit an I-129 petition with DHS 30 or more days after their certified 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 promote the task chance to prospective U.S. workers who are qualified, ready, and available to perform the work.

Employers that are needed to take part in additional recruitment must, amongst other requirements, position a new job order with the State Workforce Agency (SWA) serving the area of designated work no behind the next service day after submitting an I-129 petition for H-2B workers to DHS, market the job opportunity for a duration of a minimum of 15 calendar days, and inform the SWA that the job order is being positioned in connection with a previously submitted and certified H-2B TLC by offering the SWA with the distinct H-2B TLC case number appointed by the DOL Office of Foreign Labor Certification (OFLC). Under this TFR, employers need to likewise supply the OFLC with the unique H-2B TLC case number simultaneously with their positioning of brand-new job orders with the SWAs. This alert allows OFLC to cross referral and repost info about the job chances that are supplied on the employers’ certified H-2B TLC and at first published on this SeasonalJobs.dol.gov site.

In assistance of the TFR, the information file below in Microsoft Excel format provides current info about the short-lived or seasonal H-2B task chances that have been marketed or are presently being marketed concurrently with the SWA(s) for recruitment of U.S. employees and for which OFLC has gotten a distinct H-2B TLC case number from the employer. A record design in format consisting of a description of each information field is also readily available for download.