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Immigration Law

DOL H-2B Visa News (Mar. 9, 2020)

1.  "OFLC Issues Frequently Asked Questions Related to the H-2B Supplemental Visa Allocation Announcement by Department of Homeland Security for the Second Half of Fiscal Year 2020.

The Office of Foreign Labor Certification (OFLC) has released a set of frequently asked questions (FAQs) to address stakeholder questions concerning the U.S. Department of Homeland Security's public announcement on March 5, 2020, that it will take necessary anti-fraud and abuse measures to protect the integrity of the H-2B visa program and also make available 35,000 supplemental H-2B temporary nonagricultural worker visas for the second half of fiscal year 2020.

The FAQs are intended to clarify the use of emergency situations related to the supplemental allocation and the procedures that employers can use to return a temporary labor certification issued by OFLC that they no longer need.

2.  "Notice of Intent to Issue Declaratory Order; Withdrawal.

The Office of Foreign Labor Certification (OFLC) alerts stakeholders that the Office of the Secretary of Labor has withdrawn its December 17, 2014, Notice of Intent to Issue Declaratory Order (79 FR 75179, Dec. 17, 2014).

All OFLC actions related to the resolution of requests for review of the relevant supplemental prevailing wage determinations, which have been stayed since December 20, 2013, will be processed in accordance with this Withdrawal Notice.

3.  In the Withdrawal Notice, above, DOL accepts the en banc ruling in Matter of Island Holdings, 2013-PWD-00002 (BALCA, Dec, 3, 2013).