• 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

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Podcast

Summer Travel Considerations for Foreign Nationals

In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.

Learn more

Podcast

A New PM for the UK: What Will This Mean for Immigration Policy?

UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.

Learn more

Fragomen news

2026年6月 アメリカ移民法ダイジェスト Learn more

Media mentions

NRC: Iedereen met een Canadese voorouder kan nu staatsburgerschap aanvragen – vooral Amerikanen doen dat

Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.

Learn more

Media mentions

SBS News: The Overlooked Factor in Australia's Migration Debate That's Keeping Figures High

Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.

Learn more

Video

United Kingdom eVisa Process | #MobilityMinute

In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

The PIE: UK Unis Must Treat Compliance as “Strategic Institutional Risk”

Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.

Learn more

Blog post

UK Immigration Reforms and Their Impact on the Engineering Talent Pipeline

In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.

Learn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Podcast

Summer Travel Considerations for Foreign Nationals

In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.

Learn more

Podcast

A New PM for the UK: What Will This Mean for Immigration Policy?

UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.

Learn more

Fragomen news

2026年6月 アメリカ移民法ダイジェスト Learn more

Media mentions

NRC: Iedereen met een Canadese voorouder kan nu staatsburgerschap aanvragen – vooral Amerikanen doen dat

Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.

Learn more

Media mentions

SBS News: The Overlooked Factor in Australia's Migration Debate That's Keeping Figures High

Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.

Learn more

Video

United Kingdom eVisa Process | #MobilityMinute

In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

The PIE: UK Unis Must Treat Compliance as “Strategic Institutional Risk”

Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.

Learn more

Blog post

UK Immigration Reforms and Their Impact on the Engineering Talent Pipeline

In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.

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 InsightsVietnamese ImmigrationView 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
  • Vietnamese Immigration
  • 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
July 8, 2026 | ParaguayParaguay: Economic Solvency Requirements Updated for Permanent Residence Applications
July 8, 2026 | AustraliaAustralia: Fees Increase for Certain Visa Types and Citizenship Applications Effective July 1, 2026
July 8, 2026 | 🌐Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions
July 8, 2026 | JapanJapan: New Residence Permit Fee Structure from October 1, 2026
July 8, 2026 | 🌐Minimum Salary Changes Announced
July 8, 2026 | ParaguayParaguay: Economic Solvency Requirements Updated for Permanent Residence Applications
July 8, 2026 | AustraliaAustralia: Fees Increase for Certain Visa Types and Citizenship Applications Effective July 1, 2026
July 8, 2026 | 🌐Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions
July 8, 2026 | JapanJapan: New Residence Permit Fee Structure from October 1, 2026
July 8, 2026 | 🌐Minimum Salary Changes Announced
July 8, 2026 | ParaguayParaguay: Economic Solvency Requirements Updated for Permanent Residence Applications
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.