In response to court decisions that have created a high level of uncertainty around the H-2B temporary foreign nonagricultural visa program, the Departments of Labor and Homeland Security have published an interim final rule that will reinstate and make improvements to this visa program. Additionally, they have published a final rule to establish the prevailing wage methodology for the H-2B program.

According to USCIS, “these rules strengthen protections for U.S. workers, providing that they have a fair shot at finding and applying for jobs for which employers are seeking H-2B workers, while also providing that employers can access foreign workers on a temporary basis when U.S. workers are not available.”

These rules outline various provisions to expand recruitment of U.S. workers and strengthen worker protections regarding wages, working conditions and benefits. They also establish the prevailing wage methodology for the H-2B visa program.