In Support of The TFR

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The U.S. Departments of Labor (DOL) and Homeland Security (DHS) released a short-lived last guideline (TFR) increasing the numerical constraint on H-2B nonimmigrant visas to no more than 64,716 for.

The U.S. Departments of Labor (DOL) and Homeland Security (DHS) released a temporary final rule (TFR) increasing the numerical 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 qualifying employers that are suffering permanent harm or will suffer upcoming permanent 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 provide U.S. employees a realistic opportunity to pursue jobs for which companies will be looking for foreign workers under this TFR, the Departments have figured out that if employers file an I-129 petition with DHS 30 or more days after their licensed start dates of work, as revealed on its previously authorized DOL Form ETA-9142B, Final Determination: H-2B Temporary Labor Certification Approval (H-2B TLC), they should take additional, positive recruitment steps to advertise the job chance to prospective U.S. employees who are certified, willing, and available to perform the work.


Employers that are required to take part in additional recruitment must, among other requirements, position a brand-new task order with the State Workforce Agency (SWA) serving the location of desired employment no later on than the next business day after sending an I-129 petition for H-2B workers to DHS, market the job opportunity for a duration of at least 15 calendar days, and inform the SWA that the task order is being placed in connection with a formerly submitted 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, companies must also supply the OFLC with the special H-2B TLC case number concurrently with their placement of brand-new job orders with the SWAs. This notice allows OFLC to cross recommendation and repost details about the job opportunities that are provided on the employers' licensed H-2B TLC and initially published on this SeasonalJobs.dol.gov website.


In support of the TFR, the information file listed below in Microsoft Excel format supplies present information about the temporary or seasonal H-2B job chances that have been promoted or are presently being advertised simultaneously with the SWA(s) for recruitment of U.S. employees and for which OFLC has received a special H-2B TLC case number from the employer. A record layout in Adobe PDF format including a description of each data field is likewise available for download.

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