Guest User 4/30/24 Guest User 4/30/24

DOL Releases Final Rule on H-2A Worker Protections

On Friday, April 26th, 2024, DOL released its Final Rule. Below is an itemized summary of the major provisions. Please note that the following list is not comprehensive and that the Final Rule contains a number of other provisions and procedural changes.

Emily Morris 4/15/24 Emily Morris 4/15/24

H-2 Seasonality: Proving your Need

All prospective H-2 employers must provide a “burden of proof” to ensure they are either temporary or seasonal in nature, depending on their desired program. This includes providing a justification for why they need workers when they do, but also, why they do not in the off season. For the programs, temporary and seasonal have a maximum of 10 months, per employer, geography, and occupation.

Guest User 4/4/24 Guest User 4/4/24

The Do’s and Don’ts of H-2A Onboarding: Social Security, Taxes, and Deductions

This series spotlights best practices and guidance on various onboarding topics. Today’s focus is on Social Security, taxes, and deductions.

Richard Keeth 4/2/24 Richard Keeth 4/2/24

TN Visa: A Cap-Less Alternative to H-1B for Professional Job Opportunities

The TN visa enjoys several advantages over H-1B that may make it an attractive option for employers unable or unwilling to play the H-1B lottery.

Richard Keeth 3/29/24 Richard Keeth 3/29/24

Is H-2B Cap Relief Too Little, Too Late? Consider the October Strategy

Richard Keeth 3/29/24 Richard Keeth 3/29/24

másLabor Answers Your H-2B Threshold Questions

Richard Keeth 3/26/24 Richard Keeth 3/26/24

The Do’s and Don’ts of H-2A Onboarding: Contract Disclosure

Richard Keeth 3/21/24 Richard Keeth 3/21/24

The Do’s and Don’ts of H-2A Onboarding: Training & Orientation

The Do’s and Don’ts of H-2A Onboarding: Training & Orientation. What H-2A Employers Should Know

Richard Keeth 3/18/24 Richard Keeth 3/18/24

The Do’s and Don’ts of H-2A Onboarding: Employment Eligibility Verification

Richard Keeth 3/15/24 Richard Keeth 3/15/24

The H-2B Path to a Green Card

It’s an old cliche that the U.S. has a “broken” immigration system. Indeed, politicians from both sides of the aisle point to border dysfunction, systemic backlogs, and humanitarian crises, to say nothing of the millions of foreign individuals living and working in the U.S. without authorization.

Richard Keeth 2/20/24 Richard Keeth 2/20/24

Notices of Proposed Rulemaking (NPRMs)

The comment period for both of the following Notices of Proposed Rulemaking (NPRMs) concluded last quarter: H-2A NPRM ETA-2023-0003 and H-2 NPRM USCIS-2023-0012. Industry insiders have indicated that both agencies are pursuing an aggressive timeline and intend to push forward with a Final Rule sometime in 2024.

Emily Morris 2/1/24 Emily Morris 2/1/24

USCIS Final Rule

On January 31st, 2024, U.S. Citizenship and Immigration Services (USCIS) released its Final Rule regarding fee increases for H-2A, H-2B, and immigrant visa petitions. These new fees will go into effect April 1, 2024 and are applicable to all petitions received by USCIS on or after that date.

Guest User 1/19/24 Guest User 1/19/24

másLabor Answers Your H-2B Questions

H-2B questions and answers from másLabor’s webinar on January 18

Richard Keeth 1/7/24 Richard Keeth 1/7/24

The Unnecessary Constraints of the H-2A Filing Process: No Good Deed Goes Unpunished

Once a niche topic known only in agricultural circles, the H-2A foreign guestworker program has recently entered mainstream discourse. Exacerbated by labor shortages due to COVID-19 and other economic factors, demand for H-2A visas has surged, quadrupling in the last decade. H-2A workers currently comprise an estimated 10-15% of America's agricultural workforce, with well over a quarter of a million visas issued annually.

Richard Keeth 1/4/24 Richard Keeth 1/4/24

Petition for Rulemaking on the H-2A Wage Methodology

The following petition was submitted to the Acting Secretary of Labor, Julie Su, urging the reevaluation of the Adverse Effect Wage Rate (AEWR) methodology used to determine the required minimum wages for agricultural workers employed pursuant to the H-2A nonimmigrant visa program.