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U.S. Work Easier to Get for Foreign Workers
Proposed relaxation of foreign laborer regulations would affect H1B
and H2B
By Sacha DeVoretz
In a move that was aggressively lobbied for by many large and understaffed
American employers, the U.S. Department of Labor (DOL) and the Department of
Homeland Security (DHS) announced late last week proposed changes to its
H-2B work visa application process. These changes would streamline the
current burdensome process for filling short-term jobs that Americans
cannot, will not or do not have the skills to fill - making it more
responsive to urgent workforce needs while maintaining appropriate labor
market and security safeguards.
Under the H-2B program, employers seek temporary non-immigrant foreign
workers only after determining that qualified American workers are not
available. The Department of Labor's new responsibility would be to conduct
audits of certain approved H-2B petitions. These audits would examine
whether employers have complied with labor market tests, including
appropriate recruitment efforts for American workers.
Under the proposed one-step process, most employers would file their labor
certification directly with the Department of Homeland Security after
recruiting for American workers.
Changes like those proposed by the DOL and DHS still come with a form of
those heightened security measures - such as thorough background checks
during the application process - but there is also safeguards proposed to be
in place to protect all workers from deceitful employers looking to take
advantage of the system.
If, after a DOL audit, an employer is found to have misrepresented a
material fact or made fraudulent statements, failed to comply with their
attestations, or failed to cooperate in the audit process, the Labor
Department would have the authority to bar a company from filing H-2B
petitions with the Department of Homeland Security for up to three years.
All in all, these positive changes are what business lobbyists and U.S.
government lawmakers were pushing for: to undo some of the more restrictive
immigration policies U.S. President George Bush's cabinet put in place
during their first term in power. Last year, as part of the controversial
$388 billion Omnibus Appropriations Bill that was passed by the United
States Congress, both legislative Houses passed a new legislative measure to
provide an additional 20,000 H-1B work visas, and once again open the
hotly-contested H-1B Work Visa gate. The additional 20,000 visas are to be
reserved specifically for International Students in American universities
with Master's or Doctorate degrees, and will benefit thousands of
International students who are either waiting in American campuses or back
at home. Those visas are to be treated as an exemption from the current cap
of 65,000 visas, the supply of which was exhausted on the very first day
they were available last October.
The proposed reforms would not have any impact on the statutory cap of
66,000 for H-2B visas, which has already been reached for fiscal year 2005.
Changes to the cap are under the authority of Congress.
"A new, one-step process envisioned by these proposed changes will fill
temporary gaps in the American workforce and let labor markets function more
effectively for short-term employment needs," said Emily Stover DeRocco,
Assistant Secretary of Labor for Employment and Training. "Since most of
these jobs are seasonal and short-term in nature, they need to be filled
quickly."
Foreign workers should not wait for American employers to warm up to the
opportunities of the new regulations, but instead be prepared to go straight
to U.S. companies and cities where their job skills are most needed - and
sell their services based on the new H-2B allocations.
 The American economy is on the upswing, and employers are looking to fill
the demand made by such a large population for high tech and medical
services.
Other Recent Readings of Interest
-
Top Ten Hottest Jobs in the USA for 2005
By Sacha DeVoretz
With a view to exploring opportunities of particular interest to
foreign job-seekers desiring to work in the U.S., the author of How
to Get a Job in the USA Today - 2005 briefly details employment
needs in fast-growing occupations
-
How to Create a Global Resume/CV
By Mary Anne Thompson, Founder,
www.goinglobal.com
From the smallest technical details to big picture cultural
differences, applying for a foreign job demands extra thought and
care.
- Think you might be interested in going back to school for a
graduate or professional degree? Visit our updated
Graduate School
Opportunities Channel.
Sacha DeVoretz is a North America-based career consultant, author, educator
and member of the National Employment Counseling Association - USA. Her new
book, "How To Get A Job In The USA TODAY! 2005 Edition" provides insider
tips and detailed information on getting a job in America. Ms. DeVoretz's
website is www.americajobnet.com. |
