Wage and Hour Division (WHD)

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H-2B Program

Overview

The H-2B nonimmigrant program permits employers to hire foreign workers to meet a temporary need for nonprofessional, nonagricultural skills. The employment must be for less than one year and the need for service or labor must be a one-time occurrence or a seasonal/peak load/intermittent need. The H-2B program is “labor market” tested and requires the employer to offer the prevailing wages for the occupation in the area of intended employment. The Wage and Hour Division’s enforcement responsibilities for nonimmigrant workers in the H-2B program are limited to the Fair Labor Standards Act, Davis-Bacon and Related Acts, Service Contract Act, Migrant and Seasonal Agricultural Worker Protection Act, and the Occupational Safety and Health Act provisions that apply to the workers. The Department of Homeland Security holds enforcement authority for the H-2B program and may impose administrative remedies on, and deny future visa petitions filed by, employers who violate certain H-2B visa provisions.

Key News

• The U.S. Department of Labor’s (DOL) Employment and Training Administration, in concurrence with the Wage and Hour Division, published a final rule (PDF) to modernize procedures for issuing H-2B labor certifications, including procedures the Department will institute pursuant to an agreement with the Department of Homeland Security delegating H-2B enforcement to DOL. The final rule is effective on January 18, 2009.

General Guidance:

• Wages under Foreign Labor Certification
• H-2B Certification for Temporary Nonagricultural Work
• Field Assistance Bulletin for Enforcing Provisions Applicable to H-2B Workers
• Workers’ Rights Card — H-2B Workers (PDF)
• Spanish Version (PDF)

Nonimmigrant Worker Related Agency Links:

• Department of Homeland Security/U.S. Citizenship and Immigration Services
• Department of State
• Department of Labor/Foreign Labor Certification