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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.

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]

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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.

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


Announcement of Public Briefings on the Changes to the Labor
Certification Process for the Temporary Non-Agricultural Employment of

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


Labor Certification Process for the Temporary Employment of
Aliens in Agriculture in the United States: 2012 Allowable Charges for

The Office of Foreign Labor Certification (OFLC) has established a process by which members of the public may subscribe to receive e-mail alerts whenever the Department posts an announcement updating some aspect of the OFLC website, e.g., program updates, outreach announcements, new Frequently Asked Questions (FAQs), disclosure data, etc.

Please check the attachment to read the instructions on how to subscribe to OFLC e-mail alerts.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that it extended an accommodation for H-2A workers in the sheepherding industry to transition to the three-year limitation of stay requirements. USCIS will require H-2A sheepherders who have reached their maximum three-year period of stay to depart the United States by Aug. 16, 2012, and remain outside the country for at least three months before petitioning for H-2A classification again.

The Chicago National Processing Center has announced that it will be expanding its E-Mail Notification Program to all H-2A stakeholders who elect to participate in the program. In addition, all H-2A employers who elect to participate in the program will no longer receive hard copy notifications of the following actions: Notice of Deficiency, Notice of Acceptance, Denials, Withdrawals, Extensions, and Redeterminations.

NOTE: Certifications and partial certifications will continue to be issued to H-2A stakeholders via electronic transmission and by hard copy.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that it extended an accommodation for H-2A workers in the sheepherding industry to transition to the three-year limitation of stay requirements. USCIS will require H-2A sheepherders who have reached their maximum three-year period of stay to depart the United States by Aug. 16, 2012. These sheepherders must then remain outside the country for at least three months before petitioning for H-2A classification again.

On March 14th, 20th and 27th, the Department conducted three webinars intended to educate program users and other interested stakeholders on the requirements of the 2012 H-2B Final Rule. Today the Department posted Round 1 of Frequently Asked Questions (FAQs). The FAQs are largely based on questions received from the webinar participants and other members of the regulated public and are published to assist employers, workers, and other interested parties in understanding the 2012 Final Rule as it goes into effect.

[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Rules and Regulations]
[Pages 24137-24138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9612]

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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

RIN 1205-AB58