The United States has proposed changes to the H-2B application process to make it more responsive to urgent work force needs in the country.
These changes, announced by the Department of Labor and the Department of Homeland Security, would streamline the current burdensome process for filling short-term jobs, making it more responsive to urgent workforce needs while maintaining appropriate labour market and security safeguards.
The proposed reforms, however, would not have any impact on the statutory cap of 66,000 for H-2B visas, which has already been reached for this fiscal year.
Under the H-2B programme, employers seek temporary non-immigrant foreign workers only after determining that qualified American workers are not available.
The Department of Labor's new responsibility would be to conduct audits of certain approved H-2B petitions. These audits would examine whether employers have complied with labour market tests, including appropriate recruitment efforts for American workers.
"A new, one-step process envisioned by these proposed changes will fill temporary gaps in the American workforce and let labour markets function more effectively for short-term employment needs," said Emily Stover DeRocco, Assistant Secretary of Labour for Employment and Training.
"Since most of these jobs are seasonal and short-term in nature, they need to be filled quickly."
Under the proposed one-step process, most employers would file their labour certification directly with the Department of Homeland Security after recruiting for American workers.
If, after a DOL audit, an employer is found to have misrepresented a material fact or made fraudulent statements, failed to comply with their attestations, or failed to cooperate in the audit process, the Labor Department would have the authority to bar the company from filing H-2B petitions with the Department of Homeland Security for up to three years.
The public will have 30 days to comment on separate Labor Department and Department of Homeland Security regulations appearing in the Federal Register. All comments will be addressed before final rules are sent to the Office of Management and Budget, a press release said.
