Proposed Rule Change to H-2B Program Could Restructure Recruitment Requirements
Following recent trends with other visa categories, U.S. Citizenship and Immigration Services announced a notice of proposed rulemaking that would seek to modernize the recruitment requirements for employers seeking to hire foreign nationals on an H-2B visa. The goal of this proposed rule is to make it easier for U.S. workers to find and fill these job opportunities.
Under the H-2B program, U.S. employers are able to hire foreign nationals to work in the United States on a temporary basis to work nonagricultural jobs. These employers are obligated to meet certain regulatory requirements in order to participate in this program.
Currently, regulations require print newspaper advertisements for the job opening to be published. The proposed rule takes into account ever changing technological advancements and would instead require electronic advertisements to be posted on the internet for at least 14 days. The Department of Homeland Security (DHS) and the Department of Labor (DOL) published this proposed rule with the belief that it is more effective and efficient to advertise jobs to U.S. workers on the internet, rather than in newspapers, given the wide reach of online sources. The proposed rule would phase out the current requirements within a limited time frame. During the transition period, employers would be able to select their preference of print or electronic advertisements. The aim of this is to take into account the fact that some employers are already engaged in advertising contracts or have already purchased print advertisements.
If you have questions about this or other immigration matters, please feel free to contact Berardi Immigration Law today to speak with an attorney!