Proposed Rule Would Make Changes to H-2B Program for Non-Agricultural Workers and Nurses

21 May 2008

The Department of Labor’s (DOL) Employment and Training Administration has proposed a series of changes to the H-2B visa program. The proposed rule would change the process in which employers requested entry into the U.S. for temporary nonagricultural-based and nursing workers under the H-2B program. The proposed rule would re-engineer the application filing and review process by centralizing processing and by letting employers conduct pre-filing U.S. worker recruitment activities. The rule would also enhance the integrity of the program by introducing post-adjudication audits and penalizations for employers who fail to meet the requirements of the visa program.

This rule would also implement certain technical changes to the H-1B and permanent labor certification regulations. While DOL does not have authority to enforce the following of H-2B regulations, there is the possibility that the Department of Homeland Security (DHS) and DOL could work out an agreement by which DHS could allow for DOL to enforce certain portions of the H-2B program.