H-2B changes to occur sooner than expected

According to the American Nursery and Landscape Association, the date of implementation for the U.S. Department of Labor's (DOL) new wage methodology rule for the H-2B seasonal nonagricultural foreign worker program has been dramatically expedited.

The new wage structure will now take effect Oct. 1, 2011, instead of January 1, 2012.

DOL's decision to implement the new methodology earlier will only further exacerbate the impact that it will have on small businesses relying on a legal, seasonal workforce, ANLA officials said.

Widely used by landscape installation and maintenance professionals and other seasonal employers seeking a legal workforce, these proposed changes would increase filing requirements and advertising timelines for employers seeking to fill positions.

Employers will be subject to stricter requirements to hire any and all available US workers, despite historically low interest and retention of these applicants.

“DOL’s proposed changes will render the program unworkable for responsible landscape installation and maintenance employers seeking a legal, seasonal workforce,” said Hadley Sosnoff, ANLA’s Director of Government Relations.