Proposed H-2B (nonagricultural season or peak load workers) Rule

We live in interesting immigration times!  Last week's ICE raid of immigrant workers at a slaughterhouse in Postville, Iowa is getting much critical attention.  Well, now, the Bush administration is trying to streamline a temporary worker program to make it easier to bring nonagricultural seasonal or peak load workers to the United States.

Tomorrow, the administration will publish a proposed new H-2B (nonagricultural season or peak load workers) rule in the Federal Register.  Download proposed_h2b_regulations_52108.pdf Here is a summary of the intent of the proposed rule:

"The Employment and Training Administration (ETA) of the Department of Labor (DOL or the Department) are proposing changes to modernize procedures for the issuance of labor certifications issued in connection with H-2B nonimmigrants admitted to perform temporary nonagricultural labor or services, and procedures to enforce compliance with attestations made by sponsoring employers. Specifically, the proposed rule re-engineers the application filing and review process by centralizing processing and by enabling employers to conduct pre-filing United States (U.S.) worker recruitment activities. In addition, the proposed rule makes changes that will enhance the integrity of the program through the introduction of post-adjudication audits and procedures for penalizing employers who fail to meet the requirements of the H-2B Program. In addition, through this proposed rule technical changes are being made to both the H-1B and the permanent labor certification regulations to reflect operational changes stemming from this regulation. Finally, although Congress has vested the Department of Homeland Security (DHS) with the statutory authority to enforce the H-2B Program requirements and the Department possesses no independent authority for such enforcement, this proposed rule describes potential H-2B enforcement procedures the Department could institute in the event that DHS and the Department work out a mutually agreeable delegation of enforcement authority from DHS to the Department."

Supporters of the administration's recent immigration actions might find consistency in the fact that both the raids and the regs support legal migration to the United States.  However, both also show the need for immigrant workers by U.S. employers.  In all fairness, the administration is forced to take a piecemeal approach because Congress has failed to enact anything approaching a "comprehensive" immigration reform bill that the nation so desparately needs.

For L.A. Times commentary on the proposed regs, see here.

KJ