Wage Methodology for Temporary Non-Agricultural Employment H-2B Program

Posted by Immigration Business Lawyer Norka M. Schell
www.lawschell.com

Interim Final Rule

Summary

The Department of Homeland Security (DHS) and Department of Labor (DOL) (jointly referred as Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This interim final rule revises how DOL provides the consultation that DHS has determined necessary to adjudicate H-2B petitions by revising methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited connection with the application for certification; the prevailing wage is then used in petitioning, DHS to employ nonimmigrant workers in H-2B status. DOL and DHS are jointly issuing this rule in response to the court's order in Comite de Apoyo  a los Trabajadores Agricolasv. Solis, which vacated  portions of DOL's current prevailing wage rate regulation, and to ensure that there is no question that the rule is in effect nationwide in light of other standing litigation. This rule also contains revisions to DHS's H-2B rule to clarify that DHS is the Executive Branch agency charged with making case, question about the methodology for settling the prevailing wage in the H-2B program. www.regulations.gov/#!docketDetail;D=ETA2013-003