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Department of Labor Issues New Proposed Rule for H-2B Labor Certifications |
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by Emily Haverkamp
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Friday, 23 May 2008 |
 On May 22, 2008, the U.S. Department of Labor issued a proposed rule to try and streamline the H-2B filing process. Under the proposed rule, H-2B recruitment could be performed before filing the DOL Labor Certification with the National Processing Center. Additionally, the recruitment would be performed by the employer without supervision by the State Workforce Agency.
This allows Labor Certifications to be directly filed with the DOL National Processing Center. The burden of proof on the employer to show that there are no American workers for the job remains the same. The new regulation puts additional reporting requirements on the employer that was not there under the old process.
Hypothetically, steamlining the process to be electronic instead of paper based could be a positive thing. However, if the direct electronic filing system promulgated by DOL is similar to the one used for Permanent Labor Certifications, I wonder if we are going to inherit the same problems. Potential problems include numerous computer glitches resulting in unfounded denials and having absolutely no way to communicate with a human being when an employer is faced with a question or problem.
Until Congress steps forward and allows for more temporary workers, the proposed rule will do nothing to help the bigger picture. There is simply far more demand for seasonal workers than there are visas available. The proposed rule only seeks to make it easier for employers to get Labor Certifications, which are ultimately worth the paper they’re printed on when there aren’t enough visas available to hire temporary foreign workers.
For more information, please call Emily Haverkamp at (913) 317-6200.
For additional training, you may attend the Worker Visa Seminar.
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