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H-2 Visa - Temporary Workers
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that:
DOL Announces Final Rule On H-2B Program
Temporary Non-Agricultural Employment of H-2B Aliens in the United States. The Department has placed on the table for publication in the Federal Register a Final Rule amending the regulations governing the labor certification process for the temporary employment of H-2B foreign workers in the United States, codified at 20 CFR part 655, and enforcement of employer obligations under the H-2B program, codified at 29 CFR Part 503. The new regulations will be published in the Federal Register on February 21, 2012, and will go into effect on April 23, 2012.
DOL Publishes Comparison Of 2009 And 2012 H-2B Rules
Wage and Hour Division (WHD)
WHD H-2B Side-by-Side Comparison of the 2009 and 2012 Rules
February, 2012
The Department of Labor Announces Final Rule on Non-Agricultural Employment of H-2B Aliens
The Department of Labor is amending its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal nonagricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. 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.
This Final Rule is effective April 23, 2012.