Country / Territory
Related contacts
Related contacts
Related contacts
By: Chad Blocker
When the U.S. Department of Homeland Security (DHS) and U.S. Department of Labor (DOL) jointly published new H-2B regulations in April 2015, one of the principal objectives was to bring the application process closer in time to the employment start date. DHS and DOL believed that doing so would result in more U.S. workers applying for available jobs because they would be able to start work sooner. Specifically, the 2015 regulations provide that employers must submit the temporary labor certification application to DOL no more than 90 days (and no fewer than 75 days) before the employment start date.
Unintended Consequences
While the goal of finding more US workers to fill available jobs is laudable, one unintended consequence of this condensed filing period is the challenge employers face in ensuring that H-2B workers are able to arrive at the work site by the start date. During the application period, H-2B employers must not only obtain a temporary labor certification from DOL but must also obtain an approved H-2B petition from USCIS. Only after USCIS approves the H-2B petition may the H-2B workers apply for visas at U.S. Consulates, a process often delayed by appointment wait times and processing times. This means H-2B stakeholders are working with three different government agencies within – at most – a 90-day period. And none of this factors in arranging for the actual travel to the US.
Practical Impact
What is the practical impact? Well, it’s simple – H-2B workers rarely arrive at the worksite on time. This is particularly problematic for H-2B employers because the employment period is typically only a few months to begin with, and the need for the H-2B workers’ services is almost always acute. For example, if a ski resort relies on H-2B housekeepers to clean guest rooms, their arrival after the busy holiday season may have a severe impact on the resort’s business, including guest dissatisfaction and even loss of revenue. To that end, it is critical that the government do everything possible to adjudicate H-2B petitions promptly, including avoiding the issuance of frivolous requests for evidence. In addition, H-2B employers should file the temporary labor certification at the 90-day mark, as doing so will maximize the chances the H-2B workers will arrive as close as possible to the work start date.
To learn more about the H-2B program, contact Chad Blocker.
Country / Territory
Related contacts
Related contacts
Related contacts
Explore more at Fragomen
Media mentions
Director Willys Mac’Olale shares the impact the AfCFTA will have on Kenya’s economy and immigration policies.
Video
Immigration Consultant Laura Varon Osorio explains the process for posting foreign workers to France during the eagerly awaited 2024 Olympic and Paralympic Games in Paris.
Media mentions
Partner Daniel Pierce shares how a Supreme Court visa denial case could impact challenges to employment-based visa denials.
Awards
Partner Kevin Miner is selected by the Daily Report as a finalist in the “Legal Innovators” category of the publication’s 2024 Southeastern Legal Awards.
Blog post
This blog considers how employer sponsorship of long-term residence permits in Europe could be a means for retaining their talent.
Blog post
This blog provides an overview of Switzerland's family reunion process for EU/EFTA nationals and third-country nationals.
Awards
Four Fragomen professionals are recognised in the 2025 edition of The Best Lawyers in Australia in the field of immigration law.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha quais indústrias estão recrutando talentos estrangeiros no Brasil.
Blog post
Partner Rahul Soni and Senior Associate Xiaodan (Susan) Song help international commercial enterprise investors make informed decisions by explaining the differences between EB-5 rural projects and high unemployment projects.
Video
Immigration Consultant Azela Hadia discusses how those planning to attend the 2024 Olympics and Paralympics Games in Paris can prepare for their trip from an immigration perspective.
Blog post
This blog provides an overview of immigration programs and relief options by USCIS for Venezuelan nationals amidst the political and economic crisis in Venezuela.
Media mentions
Partner Ángel Bello Cortés shares why Ireland needs a standardised visa system that’s faster and more consistent.
Media mentions
Director Willys Mac’Olale shares the impact the AfCFTA will have on Kenya’s economy and immigration policies.
Video
Immigration Consultant Laura Varon Osorio explains the process for posting foreign workers to France during the eagerly awaited 2024 Olympic and Paralympic Games in Paris.
Media mentions
Partner Daniel Pierce shares how a Supreme Court visa denial case could impact challenges to employment-based visa denials.
Awards
Partner Kevin Miner is selected by the Daily Report as a finalist in the “Legal Innovators” category of the publication’s 2024 Southeastern Legal Awards.
Blog post
This blog considers how employer sponsorship of long-term residence permits in Europe could be a means for retaining their talent.
Blog post
This blog provides an overview of Switzerland's family reunion process for EU/EFTA nationals and third-country nationals.
Awards
Four Fragomen professionals are recognised in the 2025 edition of The Best Lawyers in Australia in the field of immigration law.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha quais indústrias estão recrutando talentos estrangeiros no Brasil.
Blog post
Partner Rahul Soni and Senior Associate Xiaodan (Susan) Song help international commercial enterprise investors make informed decisions by explaining the differences between EB-5 rural projects and high unemployment projects.
Video
Immigration Consultant Azela Hadia discusses how those planning to attend the 2024 Olympics and Paralympics Games in Paris can prepare for their trip from an immigration perspective.
Blog post
This blog provides an overview of immigration programs and relief options by USCIS for Venezuelan nationals amidst the political and economic crisis in Venezuela.
Media mentions
Partner Ángel Bello Cortés shares why Ireland needs a standardised visa system that’s faster and more consistent.