List of customarily unionized H-2B occupations:
The Department of Labor Clarifies Method of Contacting AFL-CIO Required Under the Rule Increasing the Number of H-2B Visas Available in Fiscal Year 2023
The U.S. Departments of Labor and Homeland Security published a temporary final rule (TFR) increasing the numerical limitation on H-2B nonimmigrant visas for Fiscal Year (FY) 2023 positions with start dates on or before September 30, 2023. The TFR included additional recruitment requirements for certain employers, including the requirement that where the occupation or industry is traditionally or customarily unionized, “the employer must contact (by mail, email or other effective written means) the nearest American Federation of Labor and Congress of Industrial Organizations [AFL-CIO] office covering the area of intended employment and provide written notice of the job opportunity, by providing a copy of the job order placed pursuant to (a)(5)(i) of this section, and request assistance in recruiting qualified U.S. workers for the job.” 20 CFR § 655.65(a)(5)(iii).
For employers who must conduct this additional recruitment step, the most effective means by which employers can contact the national AFL-CIO is by emailing the job order and request for assistance to H-2B@aflcio.org. Employers may also visit https://aflcio.org/ to obtain information on other effective means of contacting the organization for assistance.
Upon receipt, the national AFL-CIO will distribute a copy of the job order, on behalf of the employer, to the most appropriate AFL-CIO office(s) serving the area of intended employment for that job opportunity. Employers are encouraged to contact the AFL-CIO using the email or website above. Employers are reminded to retain documentation of contact with the AFL-CIO as required under 20 CFR § 655.66.
Website Directory for American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), by U.S. State and the District of Columbia