The Department of Labor (DOL) will publish its final rule regarding the non-agricultural employment of H-2B nonimmigrants on February 22, 2012. In this final rule, DOL will amend its regulations regarding the certification of employment of nonimmigrants working in temporary or seasonal non-agricultural positions in the United States, as well as the enforcement of the obligations of employers of these nonimmigrant workers.
The final rule amends the process by which employers obtain temporary labor certifications from DOL for use in petitioning the Department of Homeland Security for nonimmigrant H-2B workers. In addition, it improves the levels of protections for both U.S. and nonimmigrant workers under the H-2B program. This rule will be effective 60 days after its publication in the Federal Register.