Attention H-2B Employers! Are you up-to-date with your compliance duties? Don’t miss our latest guide on the most commonly overlooked obligations and ensure your operations are protected. Stay informed, stay compliant, stay ahead!
The U.S. has significantly expanded access to H-2B visas, adding 64,716 slots to the usual 66,000, a move set to transform seasonal labor dynamics across industries like hospitality, landscaping, and more. This expansion aims to distribute visa access more evenly throughout the year, helping various industries secure the necessary workforce without the fierce competition that typically arises early in the year.
The strategic release of supplemental visas ensures industries that peak in early spring, such as landscaping, don’t consume the annual quota prematurely. This approach not only benefits […]
The construction company claimed that they fell under the agricultural exemption of the Fair Labor Standards Act (FLSA), which exempts certain workers who are engaged in agricultural work from receiving overtime pay. The lower court ruled against the construction company, but they have appealed to the Supreme Court.
The construction company argues that […]
The H-2A program is a temporary agricultural worker program that allows agricultural employers to hire foreign workers for seasonal agricultural work in the United States. The H-2A program is designed to help farmers and other agricultural employers find workers during peak season when there are not enough domestic workers available. However, finding workers through the H-2A program can be challenging due to competition from other agricultural employers.
One of the biggest concerns for employers using the H-2A program is the cost of labor. The H-2A program requires employers to pay their foreign workers […]
Federal agencies that regulate the trucking industry Transportation regulations are issued by three different organizations: the Department of Transportation (DOT), the Federal Motor Carrier Safety Administration (FMCSA), and the National Highway Safety Administration (NHTSA). New rules for truck drivers might come from any of these three agencies each year. States may also issue their own regulations.
Hours of Service
Truck drivers are only allowed to drive so many hours before taking a break or getting some sleep. The term “Hours of Service” refers to the maximum amount of time drivers are permitted […]
The U.S. Department of Labor (“Department” or “DOL”) published its final rule on October 12, 2022: “Temporary Agricultural Employment of H-2A Non immigrants in the United States”, effective on November 14, 2022.
This final rule amends the standards and policies by which the DOL grants certification of agricultural labor or services to be performed by H-2A workers on a seasonal or temporary basis, and enforcement of the contractual obligations applicable to employers of H-2A workers.
What changes does the Final Rule bring for employers and H2A workers?
The main provisions […]
Jose Ageo Luna Vanegas, a Mexican citizen, was employed by Signet Builders Inc., a nationwide construction company, to work in the U.S. on an H-2A visa, to execute agricultural work in the U.S. on a temporary basis. Vanegas was assigned to build livestock structures on farms in Wisconsin and Indiana. He commonly worked more than 40 hours a week, and yet Signet did not pay him extra for his overtime hours.
Vanegas filed a complaint under the Fair Labor Standards Act (FLSA) and moved for conditional certification of a collective action on behalf […]
Following the last day of voting on November 4 and an extensive counting session that ran through the night for many days in many states, the votes have been tallied enough to state that the US will have a new President on January 20, 2021. Regardless of political party affiliation, everyone can agree that President Joe Biden will make changes to immigration policy and […]
The uncertainty and upheaval in the times of Covid-19 has spilled over to the realm of immigration. The President has issued several proclamations concerning the virus and restricting different visas types and travel from certain countries. In addition, travel has been complicated for many non-US citizens, because many US consulates abroad are operating at reduced capacity, if at all, so appointments may not available.
In the first half of the […]
In August, USCIS published a rule significantly increasing the fees for various visa applications. The proposal also imposed charges for some applications (like asylum) that had never before had a fee associated with them and limited the ability to waive the fee for applicants who could not afford to pay an application fee. The greatest fee increases were proposed for non-immigrant employment-based visas, adjustment of status to receive a green card, applications for cancellation of removal, and applications for waivers […]
Your Trusted Partner for Comprehensive Solutions
© Copyright 2012 – | The Bernard Firm | All Rights Reserved.