Mar
10

H-2B Cap Reached for 1st Half of Fiscal Year 2015

H-2B visas are temporary, non-agricultural visas that are issued to workers in a variety of fields, including construction, landscaping, and tourism.  There is a numerical limit (cap) of 66,000 on the total number of H-2B visas that may be issued during a fiscal year, which is from October 1 to September 30.  The fiscal numbers are divided in half for H-2B visas, with 33,000 being allocated for employment beginning the first half of the fiscal year (October 1 to March 31) and the remaining amount (33,000) allocated for work beginning the second half of the fiscal year from April 1 to...

Mar
10

Florida Court Stops DOL From Applying H-2B Regulations, Which Means DOL Cannot Process Prevailing Wage Determinations for H-2B Requests

In a decision dated March 4, 2015, a federal district court in Florida found that the Department of Labor did not have authority to issue its regulations in 2008, which direct the agency how to process prevailing wage requests and labor certifications, among other things.  The result of the court’s decision is that the DOL can no longer process requests for prevailing wage determinations or applications for foreign labor certification in the H-2B program pursuant the regulations.  The DOL has indicated that it is considering its options in light of the court‘s decision.

Oct
11

New Rules, More Planning - the need to act now for H-2Bs in 2016

H-2B Temporary Visas Changes Make Now the Time to Act

Employers can seek to hire foreign nationals from certain countries to perform nonagricultural labor of services in the United States through the H-2B program.  H-2B visas can be issued for both skilled and unskilled labor in the United States, although H-2B visas are more typically issued for the landscaping, construction, and tourism and hospitality industries. 

In April 2015, the Department of Labor (DOL) and Department Homeland Security published new regulations that made many changes to the H-2B program.  These changes make

  • Feb
    14

    H-2B Visa Program Updates: Registration Currently Inoperative & Emergency Guidance

    H-2B Visa Program Updates: Registration Currently Inoperative & Emergency Guidance

    Wilson Law Group recently commented on the new 2015 H-2B Interim Final Rules and how they impact the H-2B program and employers, including a new requirement of registration, recruitment procedures, and the crucial need to navigate the various phases of the process with meticulous attention to detail to timelines and requirements.  The H-2B program is continually evolving, and now is moving towards paralysis.  

    The H-2B registration process is not yet operational.  The U.S. Department of Labor (DOL) has not...

    May
    1

    Is Hope on the Horizon for H-2B Employers? Congress Is on the Verge of Passing Cap Relief.

    The most recent budget bill thankfully includes limited visa cap relief for the H-2B category.  

    Assuming the budget bill passes this week, the Department of Homeland Security will be able to increase the number of H-2B visas to 129,547.   The Department of Homeland Security will need to confer with the Secretary of the Department of Labor to confirm there is an economic need for the increase in visa numbers.    Given the demand for the visas and the clear shortfall that already exists, there is significant pressure on the administration to help businesses that depend on temporary...