LexisNexis® Legal Newsroom
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...

Americans Won't Do These Jobs...Or Will They? (Follow the Money)

Hal Herring, High Country News, Oct. 30, 2017 - "Tree-planting, like thinning timber, picking cherries or peaches, milking cows, tending strawberries in pesticide-laden fields, and so on, were all declared jobs Americans won’t do. Manual labor, even skilled manual labor, has become the province...

USCIS Reaches H-2B Cap for First Half of FY 2018

USCIS, Dec. 21, 2017 - "U.S. Citizenship and Immigration Services has reached the congressionally mandated H-2B cap for the first half of fiscal year 2018. Dec. 15, 2017, was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2018. USCIS will...

The Race Is On For H-2B Visas

DOL, Jan. 3, 2018 - "The Department of Labor's (DOL) Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders about the high volume of applications received requesting temporary labor certification under the...

Advance Copy of H-2A, H-2B Country List - Belize, Haiti and Samoa Removed; Mongolia Added

This document is scheduled to be published in the Federal Register on 01/18/2018.

Haiti, Belize, Samoa Removed from H-2 Visa List; Mongolia Added (Federal Register, Jan. 18, 2018)

Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H–2A and H–2B Nonimmigrant Worker Programs - "This notice is effective January 18, 2018, and shall be without effect after January 18, 2019."

OFLC Posts H-2B Processing Notice

Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 - "The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce to employers and other interested stakeholders about a process change to better assure fairness regarding...

OFLC Posts FY 2018 H-2B Visa Foreign Labor Recruiter List

OFLC, Jan. 29, 2018 - "Pursuant to 20 CFR § 655.9(c), the Office of Foreign Labor Certification (OFLC) is publishing an updated 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...

And You Thought H-2Bs Could Not Get More Complicated - USCIS Policy Memo re Guam

USCIS, Feb. 15, 2018 - "This policy memorandum (PM) provides guidance regarding the filing and adjudication of H-2B nonimmigrant petitions that fall under section 1049 of the National Defense Authorization Act for Fiscal Year 2018 (NDAA). This PM pertains to certain H-2B petitions requesting start...