H-2B Program Wage Methodology Final Rule Delayed Until 3/27/13

The effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule, in response to recently enacted legislation, is delayed until March 27, 2013, according to a U.S Dept. of Labor notice.

The wage rule revises the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status.

The DOL originally set the effective date of the Wage Rule for January 1, 2012. However, due to a court ruling that invalidated that effective date, the DOL subsequently postponed the effective date a number of times.