State Workforce Agencies Reminded of H-2B Visa Recruitment Protocols for FY 2023

The H-2B visa program allows employers to hire foreign workers on a temporary basis in order to fill seasonal or temporary labor shortages. The U.S. Department of Labor and the Department of Homeland Security have jointly published a Temporary Final Rule (TFR) for a supplemental visa allocation of 64,716 H-2B visas in response to strong demand.

According to the TFR, when applying for an H-2B visa, employers must first recruit U.S. workers by posting the job in a state workforce agency (SWA) job bank or listing system. To assist in this process, the TFR requires employers to contact an American Job Center (AJC) to request assistance in advertising and recruiting U.S. workers for the job opportunity.

The AJCs should make every effort to work collaboratively with the employer and broadly disseminate information about the job vacancies to job seekers, partner organizations, and any other organizations where potentially qualified U.S. workers may be available. These recruitment activities may include leveraging the state unemployment insurance program, sharing job postings with community-based organizations, and using social media and other online tools to reach potential candidates.

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