Search

On November 18, 2011, the President signed into law the Consolidated and Further Continuing Appropriations Act, 2012, Public Law 112-55. The legislation contains language prohibiting the Department from implementing, administering, or enforcing, before January 1, 2012, the H-2B Wage Rule. Based on Congressional intent to continue to implement the current H-2B regulations, the Department has published a Final Rule extending the effective date of the Wage Rule to apply to work performed on and after January 1, 2012.

To assist prospective H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has posted a new 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.

On December 23, 2011, the President signed into law the Consolidated Appropriations Act, 2012.  The legislation contains language prohibiting the Department from implementing the Wage Rule during the 2012 fiscal year.  Based on Congressional intent to continue to implement the current H-2B regulations, the Department has published a Final Rule extending the effective date of the Wage Rule to apply to work performed on and after October 1, 2012. The Final Rule is accessible here.

USCIS reminds the sheepherding industry of the upcoming expiration of the one-time accommodation giving them more time to fully transition to the three-year limitation-of-stay requirements for the H-2A nonimmigrant classification.

USCIS announced its limitation-of-stay requirements under a final rule that became effective on Jan. 17, 2009.

The agency granted a one-time accommodation for sheepherders in H-2A status in December 2009 in deference to their industry’s prior exemption from the three-year limitation. This exemption did not impact other H-2A categories.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS), in consultation with the Department of State, has identified 58 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year. The notice listing eligible countries will publish in tomorrow’s Federal Register.  Each country’s designation is valid for one year from the date of publication.

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.

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.

Release Date:

04/01/2024

H-1B Initial Electronic Registration Selection Process Completed

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.

Please check the 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.

US Labor Department postpones revising wage calculations for H-2B program. Delay avoids administering the H-2B program under potentially conflicting court orders.

Release Date 

04/18/2024

[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]

---------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

RIN 1205-AB61

Wage Methodology for the Temporary Non-Agricultural Employment H- 2B Program; Postponement of Effective Date; Impact on Prevailing Wage Determinations

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

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.