DOL

US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

ETA's Prevailing Wage Determination Policy Guidance

The publication of the H2B regulation in December 2008 and the corresponding changes to PERM, H1B, H1B1, H1C and E3 regulations governing temporary professional, nonagricultural or registered nursing programs changed the roles of the SWAs and NPCs in the prevailing wage determination process and necessitated the issuance of policy and procedural guidance to be used by the National Prevailing Wage and Helpdesk Center (NPWHC).

Immigration Law in the Workplace

Immigration Law In The Workplace
Rajiv S. Khanna
(Published in The Practical Lawyer, Dec. 2009
A publication of American Law Institute-American Bar Association
)

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Nonimmigrant Visas

Profession/Occupation

Immigration Law

Proposed Rule on Temporary Agricultural Employment of H-2As

The Department has published in the Federal Register a Notice of Proposed Rulemaking on the Temporary Agricultural Employment of H-2A Aliens in the United States. The Department is accepting comments on the proposed rulemaking until October 5, 2009.

To read the full text of the NPRM and to find out about the submission of comments, please check attachment.

Advance Copy of Technical Corrections to H-2B Labor Certification Process

An advance copy of technical changes contains a correction to the H-2B labor certification process. To be published in the Federal Register September 3, 2009.
The Final Rule re-engineers the application filing and review process by centralizing processing and by enabling employers to conduct pre-filing recruitment of United States (U.S.) workers.

DOL Memo on Travel and Visa Expenses of H-2B Workers

The DOL released a memo to regional administrators and district directors regarding travel and visa expenses of H-2B workers under FLSA minimum wage laws. In January 2009, the Department ofHomeland Security delegated to Wage and Hour enforcement authority to ensure that H-2B workers are employed in compliance with the H-2B labor certification requirements. Wage and Hour issued regulations implementing this authority, 29 C.F.R. Part 655, which became effective on January 18,2009. Those regulations are applicable to applications for certifications filed on or after that date.