Home News Immigration Home Buying Entertainment Columnists Events Advertise
Immigration by Topic
  US Visas
  US Green Card
  U.S. Citizenship
  US immigration Reform
  Adoption, Petitioning orphan
  Deportation, Removal
US Visas
  H-1B work visa
  H-2B temporary work visa
  H3 visa for foreign trainees
  J1 visa
  News stories
  U.S. Immigration
  Careers & Jobs
  Travel and Tourism
  Car Tips
  Listen to Radio
  Watch video clips
  Hottest Events
  Hottest People
  FilAm Market Place
Basta Pinoy News
Filamvision TV
Filamvision TV
Asian Pacific Press Florida
Asian Pacific Press
Immigration Q and A
Immigration Q and A

US Immigration News



Update on H-2B Temporary Workers

  On April 20, 2007, the Department of Labor issued new regulations concerning the processing of an H-2B petition. The H-2B visa category is for non-agricultural foreign workers who enter the US on a temporary basis.

There are two important aspects to the H-2B category. First, the employment of the foreign worker must be temporary in nature. This means the job itself must be “one-time, peak load, seasonal or intermittent. The other important aspect of the H-2B category is that there should be no available US qualified worker for the job and that the job will not adversely affect the working conditions of similarly employed US workers.
Considering the visa retrogression and the critical shortage at present, the H-2B can be used for the recruitment of workers in hotels, parks, casinos, country clubs and other establishments that need temporary help.
Temporary Nature of the Job

The Regulation explained the standards for determining the temporary nature of the job opportunity. It emphasized that what is controlling is the nature of the employer’s need, and not the nature of the duties. Thus, the question does not turn on whether the job is permanent or temporary. The Regulation added that only full-time employment, not part-time employment, can be certified.

The Regulation emphasized that the period of the H-2B petitioner’s need must be a year
or less. In the event of “unforeseen circumstances” that creates a need of more than a year, a new temporary labor certification application must be filed. A recurring “seasonal” or “peakload” need that exceeds 10 months does not qualify either.

Lastly, the Regulation further requires the employer’s need for temporary non-agricultural services or labor must meet the following standards: (a) a one-time occurrence; (b) a seasonal need; (c) a peakload need; and (d) an intermittent need.
Labor Certification Requirement

To conform to the second aspect of the H-2B category mentioned above, the petitioner must file a labor certification application with the local State Workforce Agency (SWA) on two (2) originals of ETA Form 750 Part A.

This ETA form could be used for more than one job opening and for the same rate of pay. The certification pertains to the employer (not the alien beneficiary/ies) and may not be transferred to another employer.

According to the Regulation, if the application includes worksite locations within a Metropolitan Statistical Area covering several SWAs, the employer may submit a single application to the SWA where the employment will begin.

After review, the SWA will forward the ETA Form 750 Part A to the appropriate National Processing Center (NPC) where a final determination will be made.

The labor certification is issued when the DOL finds that there are no US qualified workers for the job and that similarly situated US workers will not be adversely affected by the hiring of foreign workers. Otherwise, the DOL issues a denial.

Technically, a labor certification denial does not bar the filing of the H-2B petition because the decision of the SWA on the labor certification request is merely advisory. The USCIS, however, generally heeds the DOL recommendation.

has been practicing law for over 30 years and is included in the Marquis Who’s Who in American Law. A former law editor and professor, he is also the author of a book on immigrant experiences. He has spoken in international and national conventions and has been interviewed on radio and television, including the ABC Nightly News. He has participated in meetings with White House staff and the Immigration Commissioner to discuss immigration reforms. For his community service and advocacy, he has received numerous awards in the U.S. and abroad. For more information, you may log on to his website at www.seguritan.com or call (212) 695-5281
Terms of Use. Privacy Policy. Disclaimer.
Filipina and Filipino for friendship, dating, chat, romance on Filipino Friend Finder

Basta Pinoy News™, Basta Pinoy!, Asiana Post, OFWBalita Natin™ are trademarks of Basta Pinoy News. Copyright © 1999-2008 Basta Pinoy News All rights reserved.  No portion of this publication can be published in any form and any means without the written consent and permission of Basta Pinoy News.  Basta Pinoy® is a Registered Trademark of Basta Pinoy News. Registered in U.S. Patent and Trademark Office. Copyright notice. Terms of UsePrivacy Policy. Disclaimer. To verify credentials of sales reps or correspondents please Contact us or e-mail: media ( at ) bastapinoy.com 05/25/2008