Jump to Content

US Dept. of Labor and Homeland Security Announces New Rules for H-2B Visa Program

The H-2B visa program allows employers to hire foreign workers to fill temporary non-agricultural jobs. In response to recent court decisions that have created significant uncertainty around the H-2B temporary foreign nonagricultural worker program, the U.S. Departments of Labor and Homeland Security recently announced an interim final rule to reinstate and make improvements to the program and a final rule to establish the prevailing wage methodology for that program.

An employer’s need is considered “temporary” if the job is any of the following: a one-time occurance, a seasonal need, a peakload need, or an intermittent need. This program is especially popular in construction, hospitality, landscaping and forestry, although employers in many other industries can qualify.

In order to utilize the H-2B program, and employer must establish the following:

• There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
• The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
• Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.

If you have a job need that fits the above categories, the attorneys at Woods, Fuller, Shultz & Smith P.C. are available to speak with you about your options under the H-2B program.

Submitted by Attorney Amanda J. Bahena

May 07, 2015