LexisNexis® Legal Newsroom
Louisiana H-2B Employer Debarred, Owes Back Pay, Civil Penalties

DOJ, Mar. 21, 2016 - "The Justice Department reached a historic settlement agreement today with Barrios Street Realty Inc., a company based in Lockport, Louisiana. The agreement resolves claims that the company and its agent, Jorge Arturo Guerrero Rodriguez, discriminated against U.S. workers by...

Emergency Procedures for Backlogged H-2B Cases Extended Through Apr. 30, 2016

OFLC, Mar. 28, 2016 - " March 28, 2016. OFLC Announces Extension of Emergency Procedures Initiative for Backlogged H-2B Applications through April 30, 2016. The Employment and Training Administration's (ETA) Office of Foreign Labor Certification (OFLC) is continuing to experience significant...

OFLC Webinar on April 7, 2016 - Employer Filing Tips for Submitting H-2B Wage Surveys

DOL, Apr. 4, 2016 - "As part of the Department's Office of Foreign Labor Certification's (OFLC) on-going efforts for increased public outreach, the OFLC will host a public webinar on April 7, 2016, the to educate stakeholders, program users, and other interested members of the public on...

If the Wage Were Higher, Would You Shuck Oysters?

Jed Lipinski, Times-Picayune, May 5, 2016 - "It is only 9 a.m., and already I have stabbed myself twice. My back aches from crouching on a rickety plastic footstool. My jacket and face are spackled with a gray sludge that sprays me each time I crack open an oyster. And yet the hoodies and rubber...

USCIS Reaches H-2B Cap for Fiscal Year 2016

USCIS, May 19, 2016 - "USCIS has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for Fiscal Year (FY) 2016. May 12, 2016 was the final receipt date for new H-2B worker petitions requesting an employment start date before October 1, 2016. What Happens After...

H-2B Civil Penalties Adjusted for Inflation - DHS, DOL

Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 - "The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) (collectively, ‘‘the Departments’’) are jointly issuing this interim final rule to adjust the amounts of civil monetary penalties...

DOL to Host H-2B Webinar, Sept. 13, 2016

DOL - " Webinar Announcement: Employer Filing Tips and Best Practices for Preparing and Submitting H-2B Prevailing Wage Requests and H-2A/H-2B Labor Certification Applications As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, the...

DOL Posts H-2B Recruiter List

DOL - "Pursuant to 20 CFR § 655.9(c), the Office of Foreign Labor Certification (OFLC) is publishing a list of the names of foreign labor recruiters and the identity and location of persons or entities hired by or working for the recruiter that employers have indicated they engaged, or planned...

DOL Enhances iCERT for H-2A/B Filers

DOL, Aug. 26, 2016 - " ETA Announces iCERT System Enhancement to Streamline the H-2A and H-2B Processes for Employers: Electronic Submission of Supporting Documentation Post-Filing ETA has implemented a new enhancement to the iCERT System related to the submission of applications for temporary...

DOL Streamlines H-2B Process for Submitting Temporary Need Documentation

DOL, Sept. 1, 2016 - ETA Announces it is Streamlining the H-2B Process for Non-Agricultural Employers: Procedural Change in Submitting Temporary Need Documentation "ETA is announcing a process change related to the submission of applications for temporary labor certification under the H-2B visa...

H-2B Employers Should Continue to Identify “Returning Workers” in Petitions for FY 2017 - USCIS

USCIS, Sept. 13, 2017 - "USCIS urges prospective H-2B employers seeking to hire potential “returning workers” with employment start dates in fiscal year (FY) 2017 to continue to identify these workers and provide the H-2B Returning Worker Certification. The H-2B returning worker...

DOL Issues New H-2A/B FAQs

DOL, Oct 4, 2016 - " H-2B Interim Final Rule FAQs Round 17 - The Department of Labor has published a seventeenth round of Frequently Asked Questions (FAQs) related to the filing and processing of H-2B Applications for Temporary Employment Certification covering issues related to the area of intended...

Editor's Corner: Can OFLC Overrule BALCA by FAQ? (On the Meaning of H-2B 'Worksite')

Daniel M. Kowalski, Oct. 5, 2016 - "On April 15, 2016, BALCA held that for H-2B visa truckers, "[t]here is only one opening for full-time employment and it is where the trucking terminal is located. There is no “job opportunity” or opening for employment at the delivery location...

DHS Posts Annual H-2 Country List (Oct. 26, 2016)

Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 - Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H–2A and H–2B Nonimmigrant Worker Programs

USCIS Announces Addition of St. Vincent and the Grenadines to Eligible Countries for the H-2A and H-2B Visa Programs

USCIS, Nov. 8, 2016 - "USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State, have added St. Vincent and the Grenadines to the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for the coming year. The notice...

Vermont Businesses Hurt by H-2B Visa Cap

Burlington Free Press, Apr. 17, 2017 - "Vermont businesses are facing a critical shortage of seasonal workers that threatens to cripple the state's important hospitality and recreational industry, including ski resorts and luxury hotels. The crisis can be traced to a Congressional cap of 66...

May 18, 2017 H-2B Webinar (OFLC)

Webinar Announcement: Employer Filing Tips and Best Practices for Preparing and Submitting H-2B Prevailing Wage Requests As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, the OFLC will host webinar on Thursday, May 18, 2017 designed to...

DOL to Ramp Up Fraud Probes of H Visa Programs

Sarah N. Lynch, Reuters, June 6, 2017 - "The U.S. Labor Department said on Tuesday it is stepping up efforts to root out potential fraud in its visa programs for foreign workers, a move that will include increases in both civil investigations as well as criminal referrals. The announcement by Labor...

H-2B Visa Shortage Spurs Vacancies, for Jobs

Miriam Jordan, New York Times, June 8, 2017 - "Mackinac Island has a permanent population of about 500 people and just as many horses, but no cars. From May to October, the picturesque Michigan getaway relies on about 3,000 workers to power its economic engine: summer tourism. Historically, up...

Is DHS Sec. Kelly Drinking the Bannon/Breitbard Kool-Aid on H-2Bs?

Section 543 of the FY 2017 spending bill, signed into law on May 5, 2017, authorizes DHS to add more H-2B visas to the quota. On May 12, 2017, a bipartisan, bicameral group of 87 Members of Congress urged Kelly to do so, and quickly, with this letter . In Senate testimony on May 25, 2017 , Kelly...

DHS, DOL Add 15K H-2B Visas...But Only If Employers Attest to "Irreparable Harm" - UPDATED

DHS, July 17, 2017 - "U.S. businesses in danger of suffering irreparable harm due to a lack of available temporary nonagricultural workers will be able to hire up to 15,000 additional temporary nonagricultural workers under the H-2B program under a final rule that the Departments of Homeland Security...

H-2B Temporary Rule Published in FR (July 19, 2017)

Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 - "The Secretary of Homeland Security (‘‘Secretary’’), in consultation with the Secretary of Labor, has decided to increase the numerical limitation on H–2B nonimmigrant visas to authorize the issuance of...

Cyrus Mehta on Trump’s H-2B Visa Conflict: How We Can Take Advantage Of It To Gain Broader Immigration Reform

Cyrus Mehta, July 24, 2017 - "On July 19, 2017, the Trump administration increased the H-2B cap from 66,000 to 81,000 by promulgating a final rule . H-2B visas are annually capped at 66,000 under the law. Due to an increase in demand of essential workers to serve landscapers, hotels, restaurants...

H-2B Visas And The Making Of An 'Ultra Vires' Regulation - Daniel M. Kowalski (Law360)

Daniel M. Kowalski, July 25, 2017 - "[O]n July 19, 2017, DHS and the DOL jointly published a temporary rule in the Federal Register, effective immediately, authorizing the issuance of an additional 15,000 H-2B visas through the end of fiscal year 2017, i.e., Sept. 30. For many H-2B-dependent employers...

OFLC Schedules H-2A, H-2B Webinars in October 2017

As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, OFLC will host a webinar on Tuesday, October 31, 2017 , designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common...