November 17, 2023. The Departments of Labor and Homeland Security Publish Rule Increasing the Number of H-2B Visas Available in Fiscal Year 2024
The U.S. Departments of Labor and Homeland Security (DHS) have published a temporary final rule (TFR) increasing the numerical limitation on H-2B nonimmigrant visas to authorize the issuance of no more than 64,716 additional visas for Fiscal Year (FY) 2024 positions to 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. Of the 64,716 visas available, up to 44,716 are limited to H-2B returning workers, and up to 20,000 are reserved for nationals of Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, or Costa Rica. The TFR provides additional protections for U.S. workers, flexibility for foreign workers, and additional recruitment requirements for certain employers.
- View the TFR, Exercise of Time-Limited Authority to Increase the Numerical Limitation for FY 2024 for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking to Change Employers
In support of this rule, the Office of Foreign Labor Certification (OFLC) has posted the new Form ETA-9142-B-CAA-8 and the accompanying instructions. The TFR requires an employer to attest, among other things, to the fact that it is 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. This attestation must be submitted to the United States Citizenship and Immigration Services (USCIS) along with Form I-129, in support of an H-2B application subject to the H-2B cap. DHS will not accept any H-2B petitions under provisions related to the FY 2024 supplemental numerical allocations after September 16, 2024, and will not approve any such H-2B petitions after September 30, 2024. The attestation is also available on the Forms page of the OFLC website at: https://www.dol.gov/agencies/eta/foreign-labor/forms.
PLEASE NOTE: The TFR requires employers with a certified start date which is 30 or more days prior to the submission of their visa petition to USCIS to engage in additional recruitment of U.S. workers. Employers required to conduct additional recruitment must provide OFLC with the case number for each temporary certification which will be used in support of a visa petition to USCIS concurrently with their placement of new job orders with the State Workforce Agency. Employers who must conduct this concurrent notification requirement are encouraged to notify OFLC National Processing Center by sending an email to H-2Bsupplementalvisas@dol.gov, and including the words “H-2B TFR 2024 Recruitment” followed by the unique temporary labor certification case number in the subject line of the email.
November 15, 2023. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q4 of Fiscal Year 2023
The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the fourth quarter of fiscal year 2023) drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.
The public disclosure files include all final determinations OFLC issued for these programs during the October 1, 2022 through September 30, 2023 reporting period of fiscal year 2023.
OFLC has also released selected program statistics for the fourth quarter of fiscal year 2023 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.
November 15, 2023. OFLC Releases the H-2B Foreign Labor Recruiter List for Q4 of Fiscal Year 2023
The Office of Foreign Labor Certification (OFLC) has published an updated list of the names of foreign labor recruiters for the H-2B program as required by 20 CFR 655.9(c).
The list contains the name and location of persons or entities identified on Appendix C of the Form ETA-9142B that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective H-2B workers to perform the work described on their H-2B application.
The H-2B Foreign Labor Recruiter List includes only those names and locations associated with H-2B applications that were processed or issued a final decision during the October 1, 2022 through September 30, 2023.
By publishing the foreign labor recruiter list, OFLC is ensuring greater transparency for the H-2B worker recruitment process and facilitating information sharing between the U.S. Department of Labor and other agencies.
November 2, 2023. Department of Labor Declines to Extend Comment Period for Notice of Proposed Rulemaking Enhancing H-2A Worker Protections
On September 15, 2023, the Department of Labor (DOL) published in the Federal Register a Notice of Proposed Rulemaking (NPRM) that would enhance worker protections in the H-2A program. On October 26, 2023, in response to several requests, DOL published a letter on regulations.gov declining to extend the 60-day comment period for the NPRM that will expire on November 14, 2023.
September 15, 2023. Department of Labor Publishes Proposed Rule Enhancing H-2A Worker Protections
The Department of Labor (DOL) has published the Notice of Proposed Rulemaking, Improving Protections for Workers in Temporary Agricultural Employment in the United States, in the Federal Register. Comments on the proposed rule will be accepted through Tuesday, November 14, 2023. The Department and the Office of Foreign Labor Certification have posted additional information on the rule below: