H-2B Temporary Non-Agricultural Worker Nonimmigrant Visa Provisions Effective December 16, 2019

immigration law amendment changes

On November 15, 2019, the United States Department of Labor (DOL) and the United States Department of Homeland Security (DHS) amended the regulations that govern the H-2B temporary non-agricultural worker certifications. Changes have been made to the DOL’s labor market test that is conducted to assess the availability of the American workers for the required job position.

What changed?

Prior to this new regulation, the employers seeking non-agricultural workers had to advertise the job requirement in a newspaper of general circulation in the area of intended employment. Now, the employers are required to post all their H-2B job opportunities on the website https://seasonaljobs.dol.gov/. The Departments (DOL and DHS) claim that this is the expanded and improvised version of their existing electronic job search. This rule is to be effective starting December 16, 2019.

What is H-2B Nonimmigrant Visa