The U.S. Department of Labor’s Wage and Hour Division (WHD) is conducting a nationwide initiative to strengthen compliance with the labor provisions of the H-2B temporary visa program in the hotel industry.
The focus of this initiative is to provide compliance assistance tools and information to employers as well as their stakeholders. It will also focus on conducting investigations of employers who use the H-2B visa program. These investigations will work to ensure that employers are working to recruit U.S. workers before applying for the permission to employ temporary non-immigrant workers.
Recruiting American Workers
Any employer who is seeking workers under the H-2B visa program must be ready and willing to hire qualified U.S. applicants first, according to the regulations set forth by the Wage and Hour Division. This initiative demonstrates the WHD’s commitment to safeguard American jobs, level the playing field for law-abiding employers, and protect guest workers from being paid less than they are legally owed or otherwise working under substandard conditions.
Last year, WHD investigations found more than $105 million in back wages for more than 97,000 workers in industries with a high prevalence of H-2B workers, including the hotel industry.
H-2B Permissions
The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrant workers from outside the United States to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peak load need, or intermittent need. Many hotels use H-2B workers to fill a need for seasonal workers.
Before employers can be approved to request guest workers under the H-2B program, they must file an application with the Department stating that:
- An insufficient number of U.S. employees are qualified, and available to work; and
- The employment of non-immigrant, temporary workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Following These Regulations
If you need assistance to make sure that you are meeting these regulations before applying for the H-2B certification, we would love to chat with you. Request a consultation today to discuss setting up an audit with one of our team members.