In an effort to make the H-2B application process easier for employers, the Department of Labor (DOL) made changes to the process. The new procedures reduce the amount of paperwork required by employers to receive approval to hire temporary workers on H-2B visas. The primary goal of the process is for employers to prove they have a temporary need for workers.
Employers petitioning for H-2B classification must meet several conditions. They must establish that there are not sufficient U.S. workers available who are willing and able to perform the temporary work. They must also pledge that hiring H-2B non-agricultural workers will in no way negatively impact the wages and working conditions of similarly employed U.S. workers. Lastly, the employer must demonstrate that the work is indeed temporary – either a one-time occurrence or seasonal.
That process originally required employers to complete “Section B” on the initial application, demonstrating the temporary need for additional employees. Many employers were also required to submit much more additional information about the scope of the work involved including payroll records, work contracts, and invoices. The employer’s certifying officer (CO) used that information to ascertain whether the work meets the criteria and standards for “temporary need” as regulated by the DOL. Many businesses receive approval annually but must re-submit the paperwork even though the work does not change.
The DOL’s new H-2B application policies hope to reduce unnecessary paperwork that bogs down employers and certifying officers. After sufficiently completing the “Temporary Need Information” field in Section B of the H-2B application, no further paperwork is required.
Philadelphia Immigration Lawyers at Surin & Griffin P.C. Protect the Rights of H-2B Temporary Workers
Workers in the United States on H-2B visas still have rights, even if their work is temporary. Philadelphia immigration lawyers at Surin & Griffin, P.C. are solely dedicated to immigration law and helping clients navigate the complicated immigration system. If you are concerned about your status, contact our offices today at 215-925-4435. You can also complete our simple online contact form to begin.
Surin & Griffin, P.C. is located in Philadelphia and serves clients in and around the area, including Bala Cynwyd, Merion Station, Darby, Wynnewood, Sharon Hill, Upper Darby, Narberth, Folcroft, Cheltenham, Clifton Heights, Lansdowne, Glenolden, Drexel Hill, Elkins Park, Havertown, Norwood, Ardmore, Holmes, Essington, Wyncote, Prospect Park, Delaware County, Montgomery County, and Philadelphia County.