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Immigration Law

Groups Sue Over New H-2B Rules

"The H-2B Program Rule is slated to go into effect in one week - on April 23 - unless a Federal Court or Congress intervenes.  ANLA and many state partner associations support litigation ... filed this week in the Northern District of Florida.  We hope the court will issue a temporary restraining order blocking the Department of Labor (DOL) from implementing the program rule.  ANLA is also working with Congress to fight these two rules.  We are encouraging Congress to pass legislation that would block DOL from implementing both the H-2B program rule and the wage rule. ... DOL issued a final rule on January 19, 2011 that will artificially increase H-2B hourly wages by more than 50%.  On February 21, 2012, DOL issued a final rule that would make the program even more expensive and complicated to use.  The rule requires employers to hire any qualified U.S. worker up to 21 days before the H-2B worker is scheduled to begin.  The proposed rule would also involve labor unions in the hiring process and require employers to pay transportation and subsistence costs for potential U.S. workers who work for at least 50% of the season.  In addition, the rule includes provisions requiring employers to pay workers with "corresponding employment" duties similar wages.  Many of these new requirements are adopted from the H-2A program.  Through our experience with the H-2A program, we know that many of these new requirements will make the H-2B virtually impossible to use.   ANLA is continuing to strongly oppose both H-2B rules and will continue to work to generate Congressional opposition to the rules." - ANLA, Apr. 16, 2012.