Fiscal Year (FY) 2024 Supplemental H-2B Visa Cap Final Rule

The U.S. Departments of Labor (DOL) and Homeland Security (DHS) published 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 irreparable harm or will suffer impending irreparable harm without the ability to employ 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 seeking foreign workers under this TFR, the Departments have determined that if employers file 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 additional, positive recruitment steps to advertise the job opportunity to prospective U.S. workers who are qualified, willing, and available to perform the work.

Employers that are required to engage in additional recruitment must, among other requirements, place a new job order with the State Workforce Agency (SWA) serving the area of intended employment no later than the next business day after submitting an I-129 petition for H-2B workers to DHS, advertise the job opportunity for a period of at least 15 calendar days, and inform the SWA that the job order is being placed in connection with a previously submitted and certified H-2B TLC by providing the SWA with the unique H-2B TLC case number assigned by the DOL Office of Foreign Labor Certification (OFLC). Under this TFR, employers must also provide the OFLC with the unique H-2B TLC case number concurrently with their placement of new job orders with the SWAs. This notification allows OFLC to cross reference and repost information about the job opportunities that are provided on the employers’ certified H-2B TLC and initially posted on this SeasonalJobs.dol.gov website.

In support of the TFR, the data file below in Microsoft Excel format provides current information about the temporary or seasonal H-2B job opportunities that have been advertised or are currently being advertised concurrently with the SWA(s) for recruitment of U.S. workers and for which OFLC has received a unique H-2B TLC case number from the employer. A record layout in Adobe PDF format containing a description of each data field is also available for download.

Reposted Jobs Data:		XLSX
Last Updated:		August 21, 2024
Record Layout:		PDF

IMPORTANT REMINDER: To view the full previous posting of the job opportunity on Seasonaljobs.dol.gov, please go to “Find Jobs” on the main homepage, select the “Advanced Search” option, copy and paste the “CASE_NUMBER” from the MSExcel file into the “Search” option, select “Inactive” under the Job Status option, and then execute the Search function.