Foreign Labor - H-2B Visas

The Foreign Worker Labor Visas have become a major issue here in Texas.  The following information deals with the debate.

Foreign Worker Information (H-2B Visas):

• US DOL Foreign Labor Certification
  • US DOL Foreign Labor Certification Prevailing Wage Search All States (H-2B Visas)
  • US DOL Foreign Labor Certification Wage Search Texas Counties & Cities (H-2B Visas)
• United States Citizenship & Immigration Services (Need to Research Jobs for H-2B Visas)
  • United States Citizenship & Immigration Services Press Releases for H-2A &H-2B Visas

Foreign Labor - H-2B Visas News

USCIS Cap Count for H-2B Visas for 1st half of FY2013 [12/7/2012] - The current cap count for H-2B visas as of 12/07/2012. link

Immigration & Customs Enforcement News [8/16/2012] - Latest ICE actions on enforcement. link

USCIS Pilot Program to self-check employment status using E-Verify now available in all 50 states and Washington, DC [8/1/2012] - link

USCIS Issues Final Rule on Employment Eligibility Verification Form [4/14/2011] - Final Rule Adopts Interim Rule Improving Integrity of Form I-9 Process & Links to Press Release, M-274 Employer Handbook and I-9 Form & Instructions more

DOL Announcement on Application of the Prevailing Wage Methodology in the H-2B Program; [4/14/2011] - DOL Office of Foreign Labor Certification announced that all employers must submit the new revised ETA Form 9142 Appendix B. more

DOL seeks comments on Proposed Rule to modify 20 CFR Part 655 & adding Part 503 to 29 CFR [4/11/2011] - New rules would tighten up the H-2B Visa Program with greater transparency and enforcement. link

DOL - Office of Foreign Labor Certification publishes H-2B Data [4/11/2011] - Data periods covers from 2000 to 2010 that is searchable as an mdb file or text format. link

DOL seeks comments on Final Rule published 1/19/2011 for H-2B Visa Prevailing Wages [1/23/2011] - Final Comments must be received by March 21, 2011. more

DOL Publishes New Prevailing Wage Rule for H-2B Visas [1/19/2011] - The new rates will  become effective January 1, 2012. more

Comments Submitted on New H-2B Prevailing Wage Rules [1/18/2011] - There are many comments submitted on this proposed rule. more

USCIS publishes Countries Eligible for H2-A & H-2B Visas [1/14/2011] - These 53 countries are eligible for 1 year beginning January 18,2011. more

Latest News Story on Margaret Hunt Hill Bridge in Dallas [4/7/2010] - 12 out 16 Foreign Welders from Italy & Slovakia were denied re-entry to US with the B-1 Vistors Visas. There are still 4 remaining foreign welders that are still on the site working with the B-1 Visas in violation of Immigration Laws. more

Alert on the Margaret Hunt Hill Bridge Project in Dallas [2/12/2010] - This project should infuriate all workers and taxpayers in Texas and the United States. Unemployed American workers were denied the opportunity to do this work. more

California Lawyer tries to explain that the State Department illegaly revoked 7 out of the 11 Welders that were issued B-1 Visas [2/12/2010] - Please read how they want the State Department to re-issue the revoked B-1 Visas on the Bridge in Dallas, TX. more

Houston Lawyer tries to explain that the use of B-1 Visas are OK on building bridge in Dallas [2/12/2010] - Letter was provided to Texas Department of Transportation to justify the use of Italian Welders who were issued B-1 Visas to work on the new Margaret Hunt Hill bridge in Dallas. more

More on Dallas Bridge Story [2/8/2010] - Link to news story: B-1 Visas revoked for 7 out of the 11 Italian Welders more

Letter to Governor Perry on the use of Foreign Welders on the Margaret Hunt Hill Bridge in Dallas [2/8/2010]

2008 Immigration Report [11/20/2009] - An in-depth report of the types and numbers of visas categories issued for entry into the United States. link

DOL implements new rule changes on the H-2B Process [7/2/2009] - Rules were published in the Federal Register on December 19, 2009 and went into effect on January 19, 2009, just one day before President Obama takes office making it virtually impossible to change without new rulemaking procedures. more

Foreign Worker Visa Scams Publication [3/2/2009] - Laser, Inc. publishes "Contractors Critic" putting contractors and owners on notice regarding the Foreign Guest Worker Visa scams that are cheating American Workers out of jobs. link

USCIS publishes final rule on Employment Eligibility Documents [12/12/2008] - This rule becomes effective 2/2/09 after it was published in the Federal Register on 12/11/08. more

Foreign Labor - H-2B Visa News - Frequently Asked Questions

Federal Regulations allow Business Owners and Contractors the ability to recruit Foreign Labor when there is a shortage of American Workers to fill labor shortages. The construction industry falls in this category under the H-2B Visa Program. The State Workforce Agencies (SWA’s) are  no longer responsible for the H-2B application process. Employers or their acting representative now have to file a Form 9141 to request the required prevailing wage  with the Department of Labor National Processing Center in Chicago. Then the employer or their acting representative advertises the job in at least one Sunday newspaper and two other types of publications and posts the job on the State Workforce Agency for 10 days. After the required recruiting period, the H-2B Form 9142 application is filed with the Processing Center in Chicago, IL for consideration.

There is a annual cap of 66,000 H-2B Visas issued annually with 33,000 beginning October 1st and the remaining 33,000 March 1st.  Foreign workers that previously worked under the H-2B Visas in the last 3 years did not count towards the hard cap. Congress did extend this rule that expired September 30, 2007.

The issuance of foreign labor H-2B Visas are temporary in nature for a period not to exceed twelve (12) months or more than ten (10) months for seasonal or peak load needs and the jobs are specific on work locations.

Employers seek the use of cheap foreign labor instead of really trying to hire American Workers with decent pay and benefits. The majority of Texas Employers in the Construction Industry file the H-2B Visa Form 9142 with the job descriptions of journeymen while the education, training and skills requirements are mostly listed as none required. Some of the jobs even require the passing of tests after listing no training required. We have found that most of the foreign workers that are recruited and used are trained journeymen working at the lower level skill wages. The use of Davis/Bacon prevailing wages is no longer mandatory. The wages are now posted in four (4) levels. In the research of records, we find that the lower level wage 1 is the most sought by employers. Many of the classifications used for construction jobs are using production occupations instead of the proper construction trades. If the proper classifications and the proper journeymen wages were used, then we would probably see more American Workers seeking these jobs. Many H-2B Visas workers leave their approved employer and seek other jobs after the approved time period of work has expired at the approved location and many times they leave their approved job before they complete the approved time period. H-2B Visa workers that do not return home as required by law takes away future jobs in the Construction Industry from American Workers.

Yes, but the Staff Lasing Agency has to follow all the requirements required in the final rule published on January 19, 2009 in the Federal Register under 20 CFR Part 655.