• Insights

DHS and DOL Seek to Replace the H-2B Print Newspaper Ads with Online Ads

November 9, 2018

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • If the proposed regulation is implemented, H-2B employers will be required to post electronic advertisements on the internet; DOL seeks to eliminate the two print newspaper advertisements that the regulations currently require.
  • The rule is a proposal only and will be published for public feedback.It will not take effect until approved in final form, a process that typically takes several months.

The situation

The Departments of Homeland Security (DHS) and Labor (DOL) have released a draft regulation intended to modernize the recruitment requirements related to the sponsorship of H-2B temporary workers. The draft rule proposes to eliminate the current print newspaper advertisement requirement and replace it with an online advertisement requirement.

The H-2B program allows employers to hire foreign workers for work that is seasonal, intermittent, a one-time occurrence, or due to peak-workload provided that there are insufficient U.S. workers available for the job. Under the current program, employers can demonstrate their need for temporary workers if, after they place two print newspaper advertisements, including one on a Sunday, no qualified, able, willing, available U.S. workers are identified. By eliminating the print advertising requirement in favor of online advertising, DHS and DOL hope to reach more U.S. worker applicants and provide a more cost effective advertising scheme. 

The new advertising scheme

If implemented in its current form, the proposed regulation would require employers to advertise for the job opportunity “on at least one website that is widely viewed and appropriate for use by U.S workers who are likely to apply for the job opportunity.” The advertisement would need to be:

  • Clearly visible on the website’s homepage or easily retrievable using the search tools on the website;
  • Posted for 14 consecutive calendar days;
  • Publicly accessible at no cost to the U.S. worker applicant;
  • Functionally compatible with the latest commercial web browser platforms and easily viewable on mobile smartphones and similar portable devices; and
  • Compliant with the H-2B advertising content requirements.


Though this rule is a proposal only and will not take effect until comments are taken into consideration, DHS and DOL have stated that the rule will become effective immediately upon finalization.  A transition period allowing employers to choose between placing print or online advertising will be available, but only for employers sponsoring H-2B workers where the date of need is before October 1, 2019. 

In connection with this rule, DOL is also working towards the creation of a platform that would give employers the option of having the agency post the online advertisements on their behalf.  The rollout of this endeavor remains in the planning stages and will likely occur through a separate notice in the Federal Register. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger discusses how recent immigration developments may affect the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence for U.S. employers recruiting and retaining early-career international talent.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Blog post

Polish Citizenship by Descent: A Practical Guide for 2026

Poland Immigration Strategy Director Tomasz Rogala, Senior Associate Tomasz Rdzanek and Senior Immigration Consultant Paulina Fołta-Cisak discuss who may qualify for Polish citizenship by descent, how historical events can affect a claim and what applicants should expect from the 2026 confirmation process.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Global Mobility Lawyer: Fragomen expands US footprint with new Denver office

Fragomen has opened a new Denver office to strengthen its support for Colorado businesses navigating evolving immigration requirements and talent needs.

Learn more

Podcast

Insight & Impact - Episode 2: Why Data Matters

Canada Managing Partner Cosmina Morariu and Senior Director Leah L. Rogal discuss how immigration, demographic, labor market and economic data can help organizations interpret policy developments, anticipate talent needs and make more strategic workforce and mobility decisions.

Learn more

Fragomen news

Fragomen Opens Denver Office, Strengthening Support for Colorado Employers

Fragomen opens a Denver office to expand immigration support for Colorado employers and growing businesses.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger discusses how recent immigration developments may affect the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence for U.S. employers recruiting and retaining early-career international talent.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Blog post

Polish Citizenship by Descent: A Practical Guide for 2026

Poland Immigration Strategy Director Tomasz Rogala, Senior Associate Tomasz Rdzanek and Senior Immigration Consultant Paulina Fołta-Cisak discuss who may qualify for Polish citizenship by descent, how historical events can affect a claim and what applicants should expect from the 2026 confirmation process.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Global Mobility Lawyer: Fragomen expands US footprint with new Denver office

Fragomen has opened a new Denver office to strengthen its support for Colorado businesses navigating evolving immigration requirements and talent needs.

Learn more

Podcast

Insight & Impact - Episode 2: Why Data Matters

Canada Managing Partner Cosmina Morariu and Senior Director Leah L. Rogal discuss how immigration, demographic, labor market and economic data can help organizations interpret policy developments, anticipate talent needs and make more strategic workforce and mobility decisions.

Learn more

Fragomen news

Fragomen Opens Denver Office, Strengthening Support for Colorado Employers

Fragomen opens a Denver office to expand immigration support for Colorado employers and growing businesses.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
September 15, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for An Additional 30 Days; U.S. Citizen Travel Restrictions Remain in Effect
September 17, 2026 | BahrainBahrain: Health Insurance Now Required for Dependents Applying for New Residence Permits
September 17, 2026 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
September 16, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
September 15, 2026 | NetherlandsBusiness Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working
September 15, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for An Additional 30 Days; U.S. Citizen Travel Restrictions Remain in Effect
September 17, 2026 | BahrainBahrain: Health Insurance Now Required for Dependents Applying for New Residence Permits
September 17, 2026 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
September 16, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
September 15, 2026 | NetherlandsBusiness Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working
September 15, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for An Additional 30 Days; U.S. Citizen Travel Restrictions Remain in Effect
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.