As part of the H-2B Workforce Coalition and in conjunction with Immigration Works, ABC is encouraging members that use H-2B visas to participate in a survey on how developments related to the visas are affecting their bottom line.

On April 24, the U.S. Departments of Homeland Security (DHS) and Labor (DOL) jointly published an “emergency” interim final rule, effective immediately, on how the wages for temporary non-agricultural H-2B workers should be calculated.

Under the interim final rule, the four-tier wage system is replaced with the average OES wage. It permits employers to use wages calculated under the Davis-Bacon Act, but does not require such wage rates unless the H-2B workers are working on a federal construction project. The rule also requires union signatories to pay the wage rates stipulated in their respective collective bargaining agreements—a provision that remains unchanged from previous rules. 

The H-2B Workforce Coalition is comprised of various U.S. industry associations joined together to protect American workers by ensuring American small and seasonal employers have access to legal short-term temporary workers during peak business periods.. 

The results of the survey will be included in the coalition’s comments. Responses are needed by May 28.