Department of Labor Issues FAQs on H-2B Final Rule

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.
     

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.