Proposed H-2B rule modernizes employee recruitment process

Electronic advertisements would be required to be posted on the internet for at least 14 days.

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November 19, 2018

The Department of Homeland Security, in conjunction with the Department of Labor, has published a joint notice of proposed rule making that would modernize recruitment requirements for employers seeking H-2B nonimmigrant workers.

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. The proposed rule would require electronic advertisements to be posted on the internet for at least 14 days, replacing the print newspaper advertisements that regulations currently require.

DHS and DOL writes in the joint notice that the departments "believe this is a more effective and efficient way to disseminate information about job openings to U.S. workers."

"The Departments believe that electronic advertisements, posted on websites that U.S. workers in the area of the job opportunity would use, best ensures that U.S. workers learn of job opportunities," the statement reads. "The joint rule proposes phasing out the current requirements with a limited transition period. During the transition, employers would be able to choose between print and electronic advertisements. This provision should provide flexibility for employers who may have already purchased print advertising or have advertising contracts in place."

For more information, read the whole proposal published in the Federal Register on Nov. 9. Public commenting on the proposed rule ends on Dec. 10.