Recently in H-2B Visa Category

March 24, 2011

Columbus, OH Attorney: Change Could be Coming to H-2B

We wanted to direct folks here in central Ohio to a recent announcement made by the Department of Labor with respect to its H-2B program. The Department of Labor is proposing a change to the program which would impact both employers and workers.

Last week the Department of Labor sent out a release announcing a proposed revision to the H-2B temporary nonagricultural worker program. According to the announcement, the proposal would "ensure U.S. works receive the same level of protection and benefits as temporary foreign workers (for H-2B) . . . and to provide better access for employers with legitimate labor needs."

The highlight of the changes would be a new registration program. The Department of Labor is hoping this will allow employers to conduct market tests for new labor closer to the point at which they have a need. It would also remove contractors as users of the program.

Other proposed changes to the program include: a national H-2B registry for all postings; requiring documentation from employers as to their U.S. employee recruitments efforts; new transparency measures related to agency agreements and foreign recruiters; the reinstatement of state workforce agencies (SWA) as experts in local labor conditions and recruitment patterns; and lengthening the amount of time during which American workers are required to be recruited.

In the statement Secretary of Labor Hilda Solis said: "As our economy continues to recover, it is important for U.S. workers to receive access to all jobs, and that the H-2B program is used as it was intended. At the same time, workers employed through the H-2B program must be treated fairly."

The H-2B program is in place so that foreign nationals can come to the United States to fill nonagricultural jobs and requires a Form I-129, Petition for Nonimmigrant Worker.

To qualify for H-2B classification an employer must establish the need for the worker is temporary, regardless of the position itself. Such positions are usually seasonal, for peak-load or a one-time occurrence. Employers also must demonstrate no U.S. workers are willing and qualified for the position and that the employment will not negatively impact salary and conditions of other U.S. workers.

The Department of Labor will be accepting written comments on the proposal until May 17. Those interested can use www.regulations.gov or send written correspondence to the DOL's Office of Policy Development and Research, Employment and Training Administration: 200 Constitution Avenue NW., Room N-5641, Washington, DC 20210.

The entire proposal can be viewed in the March 18 edition of the Federal Register.

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November 17, 2010

Highlights From the Foreign Labor Certification Report

Recently the Department of Labor (DOL) released its "Foreign Labor Certification Report," covering the fiscal year ending in September of 2009. The 100-page report updates Labor's Office of Foreign Labor Certification, which handles Permanent and Temporary Nonimmigrant certification programs.

The report gives an overview of each program and detailed some statistics and a few areas where Labor feels it has improved.

Some highlights of the year as reported by the DOL:

-Labor said there was a "marked increase" in measures targeting integrity. Audits combined with an OFLC pilot program played a role. The National Processing Center in Atlanta received a new contract to help with supervision of recruitment cases.

Continue reading "Highlights From the Foreign Labor Certification Report" »

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November 11, 2010

Outlook: GOP Victory Could Mean Immigration Reform Delays

Nothing is certain when it comes to the long-term impact of the Republicans' strong showing in last week's midterm election. But prevailing opinion is that the GOP reclaiming control of the House of Representatives and narrowing its deficit in the Senate will mean less congressional attention paid to immigration issues related to business.

Continue reading "Outlook: GOP Victory Could Mean Immigration Reform Delays" »

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November 4, 2010

GAO Report Provides Look at H-2B Fraud

A recent Government Accountability Office (GAO) review of closed civil and criminal cases related to the H-2B work visas provided a window into the type of fraud which can be associated with the program.

GAO reviewed ten cases from the past five years that involved violations committed by employers and recruiters involved with H-2B (temporary visas for non-agricultural workers). And while the follow-up provided some cause for optimism - 15 of the 18 recruiters contacted during an investigation acted appropriately when GAO agents posing as prospective employees asked for help violating H-2B rules - the report detailed the kind of violations which have been perpetrated in recent years.

Continue reading "GAO Report Provides Look at H-2B Fraud" »

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