ETA News Release: [January 27, 2005]
Contact Name: Michael Volpe/ Eryn Witcher
Phone Number: 202-693-3984/ 202-693-4676
Departments of Labor and Homeland Security Propose H-2B Foreign Labor Certification Reform
WASHINGTON - The U.S. Department of Labor (DOL) and the Department of Homeland Security (DHS) are announcing proposed changes to the H-2B application process. These changes would streamline the current burdensome process for filling short-term jobs, making it more responsive to urgent workforce needs while maintaining appropriate labor market and security safeguards.
Under the H-2B program, employers seek temporary non-immigrant foreign workers only after determining that qualified American workers are not available. The Department of Labor's new responsibility would be to conduct audits of certain approved H-2B petitions. These audits would examine whether employers have complied with labor market tests, including appropriate recruitment efforts for American workers.
"A new, one-step process envisioned by these proposed changes will fill temporary gaps in the American workforce and let labor markets function more effectively for short-term employment needs," said Emily Stover DeRocco, Assistant Secretary of Labor for Employment and Training. "Since most of these jobs are seasonal and short-term in nature, they need to be filled quickly."
Under the proposed one-step process, most employers would file their labor certification directly with the Department of Homeland Security after recruiting for American workers.
If, after a DOL audit, an employer is found to have misrepresented a material fact or made fraudulent statements, failed to comply with their attestations, or failed to cooperate in the audit process, the Labor Department would have the authority to bar a company from filing H-2B petitions with the Department of Homeland Security for up to three years.
The public will have 30 days to comment on separate Labor Department and Department of Homeland Security regulations appearing in the Federal Register. All comments will be addressed before final rules are sent to the Office of Management and Budget.
The proposed reforms would not have any impact on the statutory cap of 66,000 for H-2B visas, which has already been reached for fiscal year 2005. Changes to the cap are under the authority of Congress.
For additional information about the H-2B program, visit the Employment and Training Administration's website at www.dol.gov. To access the proposed rule, click on http://www.regulations.gov/pub_today.cfm.
U.S. Labor Department releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office. Please specify which news release when placing your request. Call (202) 693-7773 or TTY (202) 693-7755.
