Government Affairs - Detail

Department of Labor Proposes New H-2B Regulations

June 23, 2008

The U.S. Department of Labor has proposed new rules that will significantly change the H-2B visa application process. The proposed rules can be found on the Federal e-Rulemaking Portal, www.regulations.gov, at the following link: http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=09000064805f8475.

The Department of Labor has proposed these new procedures based on its contention that its workload, and the workload of state workforce agencies, has greatly increased in recent years due to the H-2B program and that an adequate rise in funding to meet that increased workload has not occurred. The proposed changes cover many aspects of the H-2B application process including the moving of filing from state workforce agencies to the National Processing Centers, new requirements for employers to report on the status of their H-2B employees, increased recordkeeping of the recruitment process for each H-2B position, and new wage determinations, among many other changes.

The Department of Labor has invited the public to review the proposed regulations and to submit comments on them. The deadline for these comments is July 7, 2008. Hoteliers are encouraged to review these proposed rules and provide the Department of Labor with their views on them. Those comments can be sent via the links above. For more information about the proposed regulations, please contact Michael P. Auerbach, MLA Deputy Director, at 617-720-1776.