Back to Top skip to main content
Green and Spiegel - An Immigration Law Firm - United States
Sep 19, 2018

Trump Administration Investigating Employers using the H-2B program

Amy Jill Novak

On September 6, 2018, the Trump Administration announced plans to investigate employers using the H-2B program.  The program is used to fulfill a temporary, short-term staffing need.  It is vitally important to seasonal businesses.  A new initiative coming out of the United States Department of Labor’s Wage and Hour Division plans to target certain industries, including hospitality and  landscaping, conducting random audits to ensure protections for American workers are in place and being followed.   The United States Department of Labor has two oversight programs in place both with the Wage and Hour Division and also with the Office of Foreign Labor Certification while the United States Citizenship and Immigration Services also conducts fraud investigations from their Fraud Detection and National Security Directorate.  “Random” audits are both not needed and patently unfair to employers.  Notice is required under existing federal regulations governing the program.  Rumor has it that the government is looking for evidence of the program’s misuse in order to shut it down.  However, President Trump’s Mar-A-Lago Hotel in Florida is a consistent user of the program.  Will he get audited?

Related Team

Related Services:

Recent Blogs

Jun 26, 2020

Executive Order Update – Department of State Advises it Will NOT Issue Immigrant and Nonimmigrant Visas through December 31, 2020

Quick Takeaways: • Changes now in effect. • Unless subject to an exception, U.S. Department of State will not issue new or renewed nonimmigrant visas in the effected classes until December 31, 2020. • Likewise, suspension of immigrant visa issuance also extended through December 31, 2020. • No timeline on resumption of routine, in-person visa services.

Jun 25, 2020

UPDATE: Canadians, Bermudians, and All Current Visa Holders Exempt from Latest Executive Order

Quick Takeaways: • Changes now in effect. • Canadians and Bermudians excluded from Executive Order by virtue of being visa exempt. • All foreign nationals with presently valid H-1B, H-2B, J-1, and L-1 Visa holders also excluded, even if they have not entered the United States as of June 24. • Other questions still remain.

Jun 23, 2020

UPDATE: White House Suspends Issuance of H-1B, L-1, J-1, and H-2B Visas for Remainder of 2020

Quick Takeaways: -Changes go into effect 12:01AM EST on June 24, 2020 and unless lifted or enjoined will remain in place through at least December 31, 2020. -Suspends admission of H-1B, H-2B, L-1, and certain J-1 nonimmigrants and their dependents who are outside the United States and who do not have valid visas or other valid travel document as of the effective date. -Also extends existing suspension of immigrant visa issuance through December 31, 2020, subject to previously announced exceptions. -Individuals seeking a change to one of the affected statuses within the United States or who have a valid visa are not covered by the Executive Order are able to continuing processing. -Does not include Lawful Permanent Residents,spouses/children of U.S. Citizens, essential workers in food supply chain, and other individuals whose admission would be in the “national interest.” -Other nonimmigrant workers (E-3, TN, H-1B1, O, P, etc.) are not included. -Many questions remain with respect to interpretation and implementation.