DOL begins new nationwide H-2B enforcement initiative

Original Date Announced
September 5, 2018
The Department of Labor announces a new nationwide investigation of hotels' use of H-2B visas. Before employers may file requests for H-2B visas, they must file an application with DOL evidencing that: (1) an insufficient number of U.S. workers are qualified and available to work; and (2) the employment of non-immigrant temporary workers will not adversely affect that wages and working conditions of similarly employed U.S. workers. [ID #522]
U.S. DOL Protects American Workers With H-2B Education and Enforcement Initiative
Effective Date
September 5, 2018
Subsequent Trump and Court Action(s)
- May 8, 2019
  Exercise of Time-Limited Authority To Increase the Fiscal Year 2019 Numerical Limitation for the H–2B Temporary Nonagricultural Worker Program
  Similar plan to investigate use of H-2B in landscaping businesses (2018.09.24). H-2B Visa Applicants will have to go through at least two lotteries, starting July 3, 2019. On May 8, 2019, USCIS published a temporary final rule that increased the cap on H-2B visas by up to 30,000 for FY 2019. View Document

Fully in Effect

Status: Final/Actual

Trump Administration Action: Change in Practice

Subject Matter: Non-Immigrant Visas: Employment-Based Workplace Enforcement

Agencies Affected: DOL

Commentary

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