The Department of Homeland Security, in conjunction with the Department of Labor, has published a joint notice of proposed rulemaking that would modernize recruitment requirements for employers seeking H-2B nonimmigrant workers.
The H-2B nonimmigrant visa program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent.
As per the proposed rule, the print newspaper will be replaced by electronic advertisements posted on the internet for a minimum of fourteen days ensuring that the U.S. workers learns about the job opportunities. The joint rule proposes phasing out the current requirements with a limited transition period during which the 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.
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