Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
The Department of Labor (DOL) published a Final Rule on the labor certification process and enforcement for H-2B employment on December 19, 2008, which became effective on January 18, 2009. The Final Rule made some significant changes in the processing of applications for H-2B labor certifications. In response to questions raised regarding the application of the new regulations, the DOL has released (PDF) a list of “Frequently Asked Questions” (FAQs).
The FAQs cover the following topics:
- Transition to new procedures (for applications filed on or after January 18, 2009 for employment with start dates before October 1, 2009);
- Prevailing wage;
- Form ETA9142;
- Recruitment;
- Recruitment fees; and
- Former regulations vs. new regulations.