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
Wage and Hour Division (WHD)
WHD H-2B Side-by-Side Comparison of the 2009 and 2012 Rules
February, 2012
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.
To assist H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has posted a fifth round of Frequently Asked Questions (FAQs) providing clarifications on several H-2A issues raised recently, including the transportation requirement.
These FAQs are Click here.
To continue to assist H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has revised its Employer Guide for Participating in the H-2A Temporary Agricultural Program. This guide summarizes and explains key regulatory requirements for a U.S. employer to participate in the H-2A Program, including what documents to file, important timeframes and deadlines, helpful filing tips, and how to contact the OFLC Chicago National Processing Center for further assistance.
To assist H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has posted a sixth round of Frequently Asked Questions (FAQs) providing clarifications on several H-2A issues raised recently.
Please check attachment to read round Six FAQs.
[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Notices]
[Pages 12883-12884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5159]
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DEPARTMENT OF LABOR
Employment and Training Administration
Wage and Hour Division
The OFLC announced the establishment of an H-2A Ombudsman Program. The H-2A Ombudsman Program is here to facilitate the fair and equitable resolution of concerns that arise within the H-2A filing community, by conducting independent and impartial inquiries into issues related to the administration of the H-2A program.
For more information on the H-2A Ombudsman Program click here.
[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Notices]
[Pages 13635-13636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5602]
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DEPARTMENT OF LABOR
Employment and Training Administration
The Department has posted a new Frequently Asked Question (FAQ) to assist employers and others regarding the H-2A program. The FAQ is available here on the FAQs page of the OFLC website under the H-2A heading.
The Department has posted a new Frequently Asked Question (FAQ) to assist employers and others regarding the H-2B program.
Please check attachment.
As the traditional harvest season approaches, USCIS reminds petitioners that certain fees may not be collected from H-2A and H-2B workers, according to 8 C.F.R. § 214.2(h)(5)(xi)(A) and § 214.2(h)(6)(i)(B). We realize that delays in adjudicating these petitions may affect employers’ ability to place workers in time-sensitive jobs. To avoid delays, USCIS urges petitioners to submit sufficient information regarding their recruitment efforts and the nature of fees collected from H-2A and H-2B workers.
The Department has posted new Frequently Asked Questions (FAQ) to assist employers and others regarding the Prevailing Wages in the H-2B program, specifically the issuance of supplemental prevailing wages in accordance with the June 15, 2011 order of the Eastern District of Pennsylvania.
The Department has posted new Frequently Asked Questions (FAQ) to assist employers and others regarding the H-2A program.
Please check the attachment to view FAQ.
The Department has posted a new Frequently Asked Question (FAQ) to assist employers and others in understanding how the Service Contract Act (SCA) wages are used by the OFLC in issuing H-2B prevailing wage determinations.
I am Canadian citizen & currently working on TN visa. My spouse is on J1 visa. I want to switch to J2 and get EAD. After couple of years he will apply for waiver and will move to H1. I believe I will be switched to H2 automatically as his dependant and my EAD will be void. Will that be possible at that time that I can switch back to my TN status?
You can switch back to TN. To correct slightly, you do not automatically get switched to an H-4 (not H-2).
US Labor Department postpones revising wage calculations for H-2B program. Delay avoids administering the H-2B program under potentially conflicting court orders.
[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Rules and Regulations]
[Pages 60720-60721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25302]
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DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
RIN 1205-AB61
The Office of Foreign Labor Certification is providing this update to the public on its plans for becoming current on issuing prevailing wage determinations:
PERM: Week of October 23, 2011
H-1B: Week of November 6, 2011
H-2B: Week of December 18, 2011
[Federal Register: July 1, 2010 (Volume 75, Number 126)]
[Notices]
[Page 38145-38146]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy10-111]
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DEPARTMENT OF LABOR
Employment and Training Administration
Announcing the New National Electronic Job Registry for Use in the H-2A Temporary Agricultural Labor Certification Program
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Notice.
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ETA News Release: [07/08/2010]
Contact Name: Lina Garcia
Phone Number: (202) 693-4661
Release Number: 10-971-NAT
Web tool will make it easier for US workers to learn about job opportunities in agriculture
At present, the United States has two main programs for temporarily importing low-skilled workers, sometimes referred to as guest workers. Agricultural guest workers enter through the H-2A visa program, and other guest workers enter through the H-2B visa program. Employers interested in importing workers under either program must first apply to the U.S. Department of Labor for a certification that U.S.
I'm on a J-1 visa right now, but I leave the US in 16 days. I have a job offer to come back and work here, can I apply for the H2-B visa before I leave the US? So that I could come back right away? Or don't even needing to get off the the country?
Assuming you have no home residency requirement, you can start the H-2B process even while you are here in USA.
[Federal Register: March 23, 2010 (Volume 75, Number 55)]
[Notices]
[Page 13784]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr10-99]
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DEPARTMENT OF LABOR
Employment and Training Administration
Announcement of Public Webinar on the Changes to the Labor Certification Process for the Temporary Agricultural Employment of H-2A Aliens in the United States
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Notice of webinar.
Work Done: Green Card Can People Contact Me As a Reference: by all means. Comments: My family and I got GC under EB2 this Friday last. We had an extremely pleasant experience with this office. I had personally interacted with Rajiv, Suman, Bharathi, Prerna on various occasions. They are prompt in returning e-mails ( turn around time less than 24hrs). In fact when I applied for AC-21 in 2007, I was called for an interview. Rajiv was kind enough to give me his cell phone number with the liberty to contact him if the need arises. Since we finished our labor (under PERM) and all other requirements, We got into EAD/AP mode in 6 months ( Aug 2005) from the start date ( Feb 2005) for the whole process. This office has been filing my EAD and AP since ( about 4 times now). Thanks for all the help. Dr Narayana Bhat Bhat Dental Associates 590 Eagles Landing Pkwy Stockbridge, GA 30281 678-289-2122