Final rule addresses temporary non-agricultural employment of H-2B aliens in the United States.
On February 21, 2012 the Department of Labor’s Employment and Training Administration and Wage and Hour Division issued a Final Rule on the H-2B program that amends its regulations governing the certification of the employment of nonimmigrant workers performing temporary or seasonal non-agricultural labor or services and the enforcement of the obligations applicable to employers under the H-2B program. This Final Rule revises the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. The final rule also introduces new regulations that provide increased worker protections for both U.S. and foreign workers.
Major features of the final rule include the creation a national electronic job registry for all H-2B job orders to improve U.S. worker access to these temporary jobs. The final rule also enhances recruitment of U.S. workers from across the country, increases the amount of time for which U.S. workers must be recruited and hired, and requires the rehiring of former employees when available.
The Final Rule is effective April 23, 2012.