Foreign Labor Certification
The U.S. Department of Labor has published in the Federal Register a Final Rule amending the regulations governing the labor certification process for the temporary employment of H-2B foreign workers in the United States, codified at 20 CFR Part 655, and enforcement of employer obligations under the H-2B program, codified at 29 CFR Part 503. The new regulations will be effective April 23, 2012. The full text of the Final Rule is available at http://www.foreignlaborcert.doleta.gov/pdf/final_rule_2012-3058.pdf.
The reasons for this rulemaking, which were discussed at length in the Notice of Proposed Rulemaking, include expansion of opportunities for U.S. workers; evidence of violations of program requirements, some rising to a criminal level; need for better worker protections; need for an adequate test of the U.S. labor market to determine whether U.S. workers are available for the jobs; and a lack of understanding of program obligations. In the Final Rule, DOL proposes to:
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