An H-2B alien is someone who comes temporarily to the United States to perform temporary nonagricultural labor or services. The Department of Homeland Security (DHS), after consulting with the Department of Labor (DOL) and the Department of State (DOS), is proposing significant changes to its regulations that are designed to increase the effectiveness of the H-2B nonimmigrant classification. This proposed rule will facilitate use of the H-2B program by United States employers who are unable to find United States workers to perform the temporary labor or services for which the H-2B nonimmigrant is sought. Through this proposed rule, DHS has created a one-step application process whereby certain U.S. employers seeking H-2B temporary workers now will only be required to file one application-- the Form I-129, Petition for Nonimmigrant Worker, which will include a modified H supplement containing certain labor attestations. With limited exceptions, U.S. employers will no longer need to file for or receive a labor certification from the Department of Labor. In addition, DHS is reducing significantly the paper-based application process by now requiring that most Form I-129 petitions (including the H supplement) be submitted to USCIS electronically, through e-filing. DHS anticipates that this one-step process and the e-filing will enhance the effectiveness of the H-2B program, reduce costs and delays associated with separate USCIS petition adjudication and DOL labor certification processes, and will match a U.S. employer with a qualified H-2B worker in a more timely fashion. Finally, this proposed rule makes changes that will maintain the integrity of the program through enforcement mechanisms while retaining the current definition of the word "temporary" in 8 CFR 214.2(h)(6)(ii) in order to ensure continued availability of the program to its traditional users. These proposals will increase the efficiency of the program by eliminating certain regulatory barriers, and improve Government coordination.
Read the full text on the Federal Register
This page is a structured index entry, not a substitute for reading the rule. This is not legal advice.