Friday, September 30, 2016
Yesterday, President Obama signed a bill into law to fund the Federal Government through December 9. Unfortunately, the measure did not renew the H-2B returning worker exemption.
While the returning worker is now set to expire on October 1, the H-2B regulatory provisions that prevent DOL from enforcing corresponding employment and the 3/4 guarantee, allow for the use of wage surveys, limit some DOL enforcement authority and provide for a 10-month season, were automatically be extended through December 9.
In the meantime, the Department of Homeland Security recommends that employers continue to include returning workers on H-2B petitions so that these workers can be removed from the cap count if Congress re-instates the H-B returning worker exemption later this year.
Your continued help in weighing in with Congress through emails, calls and social media are greatly appreciated. Continued outreach will help us be successful in getting the returning worker exemption signed into law in December.