DOL and DHS Propose Changes to H-2B Visa

The Employment and Training Administration (ETA) and the Department of Homeland Security (DHS) are proposing concurrent changes to the procedures for issuances of H2-B visas. H-2B visas are typically issued to nonimmigrants entering the U.S. to perform temporary nonagricultural labor/services. The proposed rules will require H-2B petitions (except for workers in logging, entertainment or professional athletics) to include a section in which employers satisfy “specific attestations concerning labor market issues.” These “attestations”, developed by the Department of Labor (DOL), are included to ensure that there won’t be any adverse effects on the wages and working conditions of U.S. workers in similar employment.

Finally, these new changes will adjust process so that the DOL will receive information on all petitions approved by the DHS. DOL will be responsible for conducting all post-adjudication audits of attestations submitted with petitions received by DHS.

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