The U.S. Departments of Labor (DOL) and Homeland Security (DHS) released a temporary final rule (TFR) increasing the mathematical constraint on H-2B to no greater 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 impending irreversible harm without the capability to employ all of the H-2B workers asked for under the cap increase. Under this TFR and in order to offer U.S. employees a reasonable chance to pursue tasks for which companies will be seeking foreign employees under this TFR, the Departments have actually identified that if companies file an I-129 petition with DHS 30 or more days after their certified 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 need to take additional, positive recruitment actions to advertise the task opportunity to prospective U.S. workers who are certified, ready, and available to perform the work.
Employers that are required to engage in extra recruitment must, amongst other requirements, put a new job order with the State Workforce Agency (SWA) serving the area of intended employment no later than the next company day after sending an I-129 petition for H-2B employees to DHS, market the job chance for a duration of a minimum of 15 calendar days, and notify the SWA that the task order is being put in connection with a previously submitted and licensed H-2B TLC by offering the SWA with the unique H-2B TLC case number appointed by the DOL Office of Foreign Labor Certification (OFLC). Under this TFR, employers should likewise supply the OFLC with the distinct H-2B TLC case number concurrently with their positioning of brand-new task orders with the SWAs. This notification enables OFLC to cross referral and repost information about the task chances that are provided on the companies’ certified H-2B TLC and at first published on this SeasonalJobs.dol.gov site.
In assistance of the TFR, the data file below in Microsoft Excel format provides current details about the short-term or seasonal H-2B job chances that have been promoted or are presently being advertised concurrently with the SWA(s) for recruitment of U.S. workers and for which OFLC has gotten an unique H-2B TLC case number from the company. A record design in Adobe PDF format containing a description of each information field is also available for download.