The U.S. Departments of Labor (DOL) and Homeland Security (DHS) released a short-term last rule (TFR) increasing the numerical constraint on H-2B nonimmigrant visas 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 certifying employers that are suffering permanent damage or will suffer approaching irreparable harm without the capability to employ all of the H-2B employees asked for under the cap increase. Under this TFR and in order to provide U.S.nove.team workers a reasonable opportunity to pursue jobs for which companies will be seeking foreign employees under this TFR, the Departments have actually figured out that if companies 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 need to take extra, positive recruitment actions to promote the job opportunity to prospective U.S. workers who are certified, willing, and available to carry out the work.
Employers that are required to take part in extra recruitment must, to name a few requirements, position a brand-new task order with the State Workforce Agency (SWA) serving the area of desired employment no later on than the next business day after submitting an I-129 petition for H-2B workers to DHS, promote the task chance for a period of at least 15 calendar days, and inform the SWA that the job order is being put in connection with a formerly sent and accredited H-2B TLC by providing the SWA with the special H-2B TLC case number designated by the DOL Office of Foreign Labor Certification (OFLC). Under this TFR, employers need to likewise offer the OFLC with the special H-2B TLC case number simultaneously with their placement of new job orders with the SWAs. This alert enables OFLC to cross referral and repost info about the task chances that are supplied on the employers' licensed H-2B TLC and at first published on this SeasonalJobs.dol.gov site.
In support of the TFR, the data file listed below in Microsoft Excel format provides existing info about the momentary or seasonal H-2B job chances that have actually been advertised or are currently being marketed simultaneously with the SWA(s) for recruitment of U.S. employees and for which OFLC has gotten an unique H-2B TLC case number from the company. A record design in Adobe PDF format consisting of a description of each information field is also offered for .
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In Support of The TFR
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