H-2B Returning Worker Exemption
Congressman Billy Long of Missouri is to circulating a letter to House DHS Appropriations Subcommittee Chairman John Carter and Ranking Member Lucille Roybal-Allard asking that the fiscal 2017 DHS appropriations bill renew the H-2B returning worker exemption. The subcommittee is currently working to finalize the appropriations bill.
The returning worker exemption is a crucial inclusion in the appropriations bill and we need your help to inform these representatives on the value that provision provides to your business. TNLA urges you to call your member of Congress today and ask him or her to lend their support and sign on to this important letter. You can reach your Representative through the Capitol switchboard at 202-225-3121 or if you prefer to send an email, you can use the Contact Congress site.
When calling, it is suggested that you ask to speak with the legislative assistant that works on labor related matters, refer directly to the letter and ask if the Representative will be supportive.
We recommend that you personalize your message by including personal examples to help illustrate how the H-2B program is beneficial to your business, your clients, and American workers in general. You may consider talking about the reasons returning workers are so important, for example specialized knowledge, significant safety improvements due to familiarity with equipment, long term relationships that literally transform foreign workers lives, etc.
If you have any questions or need assistance in crafting your message, please feel free to contact Jeff Stokes, TNLA, Director of Legislative & Regulatory Affairs. Thank you in advance for helping support the interests of Texas landscape professionals!
January 5, 2016. OMB Approval of Revisions to Appendix B of Form ETA-9142B and Form ETA-9165 in order to Implement Provisions of 2016 DOL Appropriations Act
The 2016 Department of Labor Appropriations Act (Division H, Title I of Public Law 114-113) (2016 DOL Appropriations Act), which was enacted on December 18, 2015, contained several provisions requiring non-substantive modifications to (1) the Form ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey and (2) Appendix B of the Form ETA-9142B, H-2B Application for Temporary Employment Certification. In order to comply with the 2016 DOL Appropriations Act, the Office of Foreign Labor Certification (OFLC) submitted these non-substantive modifications to the Office of Management and Budget (OMB) for review and approval. The OMB has now approved the non-substantive modifications. Therefore, the OFLC Certifying Officers (COs) may issue H-2B prevailing wage determinations based on the submission of a private survey, and may now certify H-2B applications for temporary labor certification, so long as all applicable program requirements are met.
Employers Requests for Prevailing Wage Determination Based on Survey
· Employer requests for a prevailing wage determination based on a private wage survey submitted on or after December 19, 2015, must be accompanied by the revised Form ETA-9165. The CO will issue a Request for Information requiring the employer submit the revised Form ETA-9165 for any survey-based requests for a prevailing wage determination submitted without the revised Form ETA-9165.
Employers Requests for H-2B Temporary Labor Certification
· Prior to February 1, 2016, employers with either a pending H-2B application or those who file a new H-2B application containing the previous Appendix B will be provided with a copy of the revised Appendix B at the time the CO issues a certification decision. They will also receive instructions in the Final Determination Letter regarding how to complete the revised Appendix B for submission to the United States Citizenship and Immigration Services.
· On or after February 1, 2016, employers or their authorized representatives filing a new H-2B application must submit a signed and dated copy of the revised Appendix B containing the program assurances and obligations that comply with the 2016 DOL Appropriations Act. Otherwise, the CO will issue a Notice of Deficiency requesting that the employer provide a signed and dated copy of the revised Appendix B.
To obtain a copy of the Emergency Guidance (updated January 5) reflecting these changes, please click here.
To obtain a copy of the revised Form ETA-9165 and general instructions, please click here.
To obtain a copy of the revised Appendix B, Form ETA-9142B, please click here.
To obtain a copy of the Department's latest Frequently Asked Question concerning corresponding employment, please click here.