The Department of Labor (DOL) has updated its guidance regarding H-2B occupations that are customarily unionized, providing employers with specific union contact information and procedural requirements. This update affects the H-2B temporary labor certification process for seasonal, peak-load, intermittent, or one-time need positions.
Employers seeking H-2B workers in occupations identified as customarily unionized must now follow enhanced notification procedures, including contacting the appropriate labor organizations during the recruitment process. This requirement aims to ensure that domestic workers represented by unions have adequate notice and opportunity to fill available positions before employers can hire foreign temporary workers.
The updated list impacts various industries including construction, hospitality, landscaping, and other seasonal sectors that frequently utilize H-2B workers. Employers in these industries should review the DOL's union contact database to determine if their specific occupations require union notification and adjust their recruitment timelines accordingly.
This development underscores the DOL's continued emphasis on protecting domestic worker opportunities while maintaining the H-2B program's viability for legitimate temporary labor needs. Employers should consult with immigration counsel to ensure compliance with these enhanced notification requirements and avoid potential delays in their labor certification applications.