Changes Proposed for H-2B Worker
Program
U.S. Citizenship and Immigration Services (USCIS) has
proposed a series of changes to the rules under the H-2B program, saying the
revisions would streamline procedures for hiring workers.
The proposed rule, which has been sent to the Federal
Register, supplements the reforms of the H-2B program already proposed by the
Department of Labor in its proposed rule published on May 22.
The H-2B non-immigrant temporary worker program
allows U.S. employers to bring foreign nationals to the United States to fill
temporary non-agricultural temporary jobs for which U.S. workers are not
available.
The proposed rule would:
-
Reduce from six months to three months
the time H-2B workers must wait outside the United States before they are
eligible to re-obtain status under the H or L classification
-
Require employer attestations on the
scope of the H-2B employment and the use of recruiters to locate H-2B workers
-
Crack down on employers and recruiters
who impose fees on prospective H-2B workers in connection with or as a condition
of an offer of H-2B employment
-
Require an approved temporary labor
certification in connection with all H-2B petitions
-
Preclude, with limited exception, the
change of the employment start date after the grant of the temporary labor
certification
-
Require employers to notify DHS when
H-2B workers fail to show up for work, are terminated, or abscond from the
worksite
-
Change the definition of "temporary
employment" to provide that a job is of a temporary nature when the worker will
end in the near, definable future and to eliminate the requirement that
employers show "extraordinary circumstances" to be eligible to hire H-2B workers
where a one-time need for the workers is longer than one year but shorter than
three years
-
Prohibit the approval of H-2B petitions
for nationals of countries that are determined to be consistently refusing or
unreasonably delaying repatriation of their nationals
-
Establish a land-border exit system
pilot program, which requires H-2B workers admitted through a port of entry
participating in the pilot H-program to also depart through a participating port
and to present designated biographic and/or biometric information upon
departure.
|