DHS and DOL Issue Rule on Wage Methodology for H-2B Visa Workers, Effective Immediately

By Office of Advocacy On May 2, 2013

On April 24, the Department of Homeland Security (DHS) and the Department of Labor (DOL) released an interim final rule (IFR) amending the methodology for calculating the prevailing wages to be paid to H-2B workers and U.S. workers recruited under this visa program. The H-2B visa program allows U.S. seasonal employers to hire temporary foreign non-agricultural workers. The Wage Methodology IFR eliminates the use of four-tier wage rates based on the Bureau of Labor Statistics’ Occupational Employment Statistics (OES) survey and replaces them with the OES arithmetic mean. The Wage Methodology IFR continues to set the prevailing wage based on the applicable collective bargaining agreement wage rates, or, at the employer’s request, the Service Contract Act or Davis-Bacon Act wage determinations, or appropriate private wage surveys. DOL and DHS are jointly issuing this rule in response to the court’s order in Comite´ de Apoyo a los Trabajadores Agricolas v. Solis, which vacated portions of DOL’s previous H-2B wage rule. This interim final rule is effective April 24, 2013. Interested persons are invited to submit written comments on this interim final rule on or before June 10, 2013.

• Link to the Interim Final Rule

• Submit Comments on the Final Rule

• Frequently Asked Questions from DOL

• Latest Information from DHS/USCIS

• Advocacy contact Janis Reyes or call 202-619-0312

• Visit Regulations.gov, the federal government’s one stop site to comment on federal regulations