The Department of Homeland Security and the Department of Labor have issued rules on how prevailing wages are set for H-2B temporary nonagricultural workers and how employers obtain DOL labor certification for prospective H-2B employees.
The H-2B prevailing wage regulation is the latest version of a rule that has been the subject of lengthy litigation. A federal court struck down two previous versions of the regulation on the ground that DOL did not have the authority to issue the rule. The latest version rule establishes that, in the absence of a wage set by a collective bargaining agreement, the prevailing wage will be the mean wage for the occupation in the pertinent geographic area, derived from the Bureau of Labor statistics’ Occupational Employment Statistics OES survey. As an alternative, the rule permits the prevailing wage to be determined from an employer-provided wage survey. An earlier version of the regulation would have prohibited employer-provided surveys.
When applying for temporary labor certification for prospective H-2B employees, employers will be required to register and demonstrate their need for temporary workers. They will be subject to expanded recruitment requirements, including an obligation to contact former U.S. workers about open positions and the requirement to conduct additional recruitment if a DOL officer believes it will identify qualified and available U.S. workers.
The H-2B wage rule took effect immediately on April 29. The H-2B labor certification rule also took effect on April 29, but DOL will accept comments from the public through June 29, 2015.
Explore more at Fragomen
Media mentions
Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.
Media mentions
Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.
Media mentions
Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.
Media mentions
Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.
Blog post
Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.
Media mentions
Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.
Fragomen news
Blog post
Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.
Media mentions
Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.
Media mentions
Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.
Media mentions
Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.
Media mentions
Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.
Media mentions
Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.
Media mentions
Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.
Blog post
Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.
Media mentions
Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.
Fragomen news
Blog post
Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.
Media mentions
Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.
Media mentions
Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.