June 01, 2008

DOL H-2B Proposed Rule

The Department of Labor (DOL) proposed a rule to change H-2B filing procedures by centralizing processing and allowing employers to conduct pre-filing recruitment. It also introduces post-adjudication audits. Importantly, the proposed rule would eliminate duplication of effort by state workforce agencies (SWAs) and the Department of Labor’s Employment and Training Administration (ETA). Instead of applying first with their SWAs, employers would file their H-2B applications directly with ETA under the proposed process. Furthermore, employers would obtain from the Labor Department instead of SWAs the applicable prevailing wage determinations for their specific job opportunities.

Comments are due 7/7/08. (73 FR 29941, 5/22/08).

Click below to review the DOL press release and proposed rule:

DOL Proposed H-2B Rule

By Ann Massey Badmus