The Department of Labor (DOL) has published a final rule to delay indefinitely the effective date of the Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program final rule (2011 Wage Rule).
The 2011 Wage Rule, that was published on January 19, 2011, revised the methodology by which the DOL calculates the prevailing wages to be paid to H-2B workers and United States workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status. The 2011 Wage Rule was originally scheduled to become effective on January 1, 2012, and the effective date has been extended a number of times.
DOL has informed that this final rule, delaying indefinitely the effective date of 2011 Wage Rule, has been published in order to comply with recurrent legislation that prohibits DOL from using any funds to implement the 2011 Wage Rule.
DOL further announced that this final rule does not affect the H-2B wage interim final rule (IFR) published on April 24, 2013, which establishes the current prevailing wage methodology for the H-2B program, and that rule remains in effect.