DOL and DHS proposal seeks to improve recruitment of temporary labor
To make it easier for Americans to find and fill open jobs, the U.S. Department of Labor announced a proposal for employers seeking temporary labor certifications through the H-2B and H-2A visa programs to advertise jobs online.
Under current rules, an employer advertising a job for which it seeks a temporary labor certification must publish two print advertisements in a newspaper of general circulation in the area of intended employment. To modernize this recruitment and make job opportunities more readily available to Americans, the Department of Labor and the U.S. Department of Homeland Security are proposing a rule that would require employers seeking temporary labor certifications through the H-2B visa program to post job advertisements online for at least 14 days.
The Department of Labor is simultaneously proposing a similar rule for temporary labor certifications through the H-2A visa program for agricultural workers.
By increasing the accessibility of advertisements to Americans, these proposals bring H-2B and H-2A visa programs in line with the modern recruitment practices of employers and the job-seeking practices of American workers. With Internet-based advertising, American job seekers in the intended employment area and across the nation can more easily identify available job opportunities. Additionally, the longer posting period of 14 days would give American workers more time to learn of job opportunities. The proposed rules may also reduce employers’ recruitment costs.
As part of its labor certification responsibilities, the Department of Labor’s Employment and Training Administration’s Office of Foreign Labor Certification is required to determine whether American workers are available to perform the jobs for which employers seek foreign workers. The Department determines the availability of American workers, in part, by requiring employer applicants for foreign labor certification to actively recruit American workers.
The Notice of Proposed Rulemaking comment period will end on December 10, 2018.