In the latest issue of the Federal Register, the Department of Labor
(DOL) is proposing to amend the effective date of Wage Methodology for
the H-2B visa program. The Wage Rule (a final rule, published in January
of this year), revises the methodology by which DOL calculates
prevailing wages to be paid to H-2B visa holders and US workers
recruited for positions related to the H-2B program. The effective date
of the original final rule was January 1, 2012.
After a court case in which plaintiffs argued that the 2012 date
was an arbitrary date, DOL revised the implementation date of the Wage
Rule to take effect 60 days from the publication of a final rule; this
anticipated publication date is now on or about August 1, 2011, with the
effective date being on or about October 1, 2011. Comments are
currently being accepted regarding this implementation date change.
