martindale.com
Legal Library
|
Enforcement of Revised H-2B Program Rules Still on Hold by Brandon E. Davis
Phelps Dunbar LLP - New Orleans Office
John D. Mullen
Phelps Dunbar LLP - Tampa Office
|
|
June 1, 2012
Previously published on May 29, 2012
The H-2B program allows foreign workers to come to the United States to perform temporary nonagricultural work on a one-time, seasonal, peakload or intermittent basis. The Department of Labor implemented a final rule amending the 2008 H-2B regulations on April 27, 2012. 77 Fed. Reg. 10038-10182 (Feb. 21, 2012). The 2008 H-2B regulations utilized an attestation-based filing model where the employer conducted recruitment with no direct federal or state oversight. However, on August 30, 2010 a Pennsylvania federal judge invalidated various provisions of the 2008 regulations. See Comité De Apoyo A Los Trabajadores Agrícolas (CATA) v. Solis, 2010 WL 3431761 (E.D. Pa. 2010). Thereafter, the DOL revised the H-2B program rules to change the invalidated provisions. These changes included a shift to a compliance-based certification model with an electronic registry and added requirements to broaden the dissemination of job offer information. The changes are summarized below.
|
The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
| | View More Library Documents By... | | | |
| | | | Phelps Dunbar LLP Overview |
Practice Area Resource Centers
|
|