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DOL and DHS Scrap H-2B Newspaper Advertising Requirement

November 21, 2019

Employers Must Now Submit Openings for Advertising on DOL Website

The U.S. Departments of Labor (DOL) and Homeland Security (DHS) posted a Final Rule on the Office of Foreign Labor Certification (OFLC) website amending the regulations that govern the H-2B temporary non-agricultural labor certification. The Departments are modernizing and improving the labor market test that the DOL uses to assess whether qualified American workers are available to fill temporary non-agricultural jobs by: (1) rescinding the requirement that all employers advertise in a print newspaper of general circulation in the area of intended employment; and (2) advertising of all H-2B opportunities on SeasonalJobs.dol.gov, the expanded and improved version of the DOL’s existing electronic job registry.

The Departments anticipate that these changes will reduce regulatory burdens associated with ineffective recruitment requirements and bring the H-2B visa program into line with the modern recruitment practices of employers and the job-seeking practices of American workers. SeasonalJobs.dol.gov, a mobile-friendly and centralized online platform, offers a robust and personalized search capabilities as well as provide information about non-agricultural job opportunities in a format that is compatible with third-party job search websites.

For more information, contact Claiborne Guy at claiborne.guy@agc.org.

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