U.S. Department of Labor and U.S. Department of Homeland Security Announce New Regulations to Modernize and Improve the Recruitment of American Workers for Temporary Non-Agricultural Jobs

WASHINGTON, DC – The U.S. Departments of Labor and Homeland Security today posted a Final Rule on the Office of Foreign Labor Certification (OFLC) website amending the regulations that govern the H-2B temporary non-agricultural labor certification. This rule will aid Americans looking to find and fill some of the 7 million open jobs in the United States.

The Departments are modernizing and improving the labor market test that the Department of Labor uses to assess whether qualified American workers are available to fill temporary non-agricultural jobs by: (1) rescinding the requirement that all employers advertise in a print newspaper of general circulation in the area of intended employment; and (2) advertising of all H-2B opportunities on SeasonalJobs.dol.gov, the expanded and improved version of the Department of Labor’s existing electronic job registry.

These changes will reduce regulatory burdens associated with ineffective recruitment requirements and bring the H-2B visa program into line with the modern recruitment practices of employers and the job-seeking practices of American workers. SeasonalJobs.dol.gov, a mobile-friendly and centralized online platform, will offer more robust and personalized search capabilities as well as provide information about non-agricultural job opportunities in a format that is compatible with third-party job search websites.

Interested stakeholders may obtain a fact sheet on the new regulations as well as a copy of the Final Rule that will be published in the Federal Register on the OFLC website at www.foreignlaborcert.doleta.gov.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.