Dr. Winslow Sargeant is the sixth Chief Counsel for Advocacy of the U.S. Small Business Administration’s Office of Advocacy, appointed by President Obama August 19, 2010. The Office of...
DHS and DOL Issue Rule on Wage Methodology for H-2B Visa Workers, Effective Immediately
On April 24, 2013, 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 employers 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 at 202-619-0312
Regulations.gov, the Federal government’s one stop site to comment on Federal regulations
For more information on Regulatory Alerts see www.sba.gov/advocacy/815
For more information on the Office of Advocacy see www.sba.gov/advocacy