Labor Dept. issues new rule on H-2B visas

The Department of Labor has issued a new final rule governing the H-2B temporary non-agricultural worker program that the agency said will give U.S. workers greater protections and job access.

The H-2B program allows foreign workers to obtain temporary visas to take positions for which qualified U.S. workers are not available, and where the foreign workers’ employment will not adversely affect U.S. workers’ wages or working conditions.

The rule, to be published in the Feb. 21 edition of the Federal Register, includes changes to several aspects of the program, including the creation of a national registry for all H-2B job postings and an increase in the amount of time during which U.S. workers must be recruited. The rule also requires former employees to be rehired where possible.

In addition, the rule will extend H-2B program benefits, such as transportation costs and wages, to U.S. workers performing substantially the same work as guest workers.

The rule will go into effect April 23.