H-2B Update Puerto Rico Recruitment Playbook Available

Puerto Rico Recruitment Playbook Available

As you know, we have established a relationship with organizations in Puerto Rico in order to assist Cape and Island businesses employ seasonal workforce. Recently we have coordinated with DLA Piper (Puerto Rico) LLC, a global law firm with attorneys in San Juan. They have prepared a playbook with the steps to obtain the authorization from the Office of Employment Service of the Puerto Rico Labor Department (PRDOL) to recruit employees in Puerto Rico, pursuant to the requirements of Law No. 87 of June 22, 1962.

If you are interested in this information, please contact wendy@capecodchamber.org directly. Thank you.

H-2B Rules Update

This information from the New England Seasonal Business Coalition, of which we are a member, was released on 2/14/19:

Congress released the text of the final spending bill for Fiscal 2019, which includes funding for the Department of Homeland Security. The House and Senate will pass the bill and send it to the President for signature today or tomorrow. The bill includes the same H-2B discretionary language as last year, which gives DHS the authority in consultation with DOL, to increase the H-2B cap for fiscal 2019 to 135,320 (66,000 + 69,320 (the number of H-2B returning worker visas or H-2Rs issued in FY 2007)). This is the same language that was in effect for fiscal 2017 and 2018. The language is below.

“SEC. 105. Notwithstanding the numerical limitation set forth in section 214(g)(l)(B)of the Immigration and Nationality Act (8 U.S.C. 1184(g)(l)(B)), the Secretary of Homeland Security, after consultation with the Secretary of Labor, and upon the determination that the needs of American businesses cannot be satisfied in fiscal year 2019 with United States workers who are willing, qualified, and able to perform temporary nonagricultural labor, may increase the total number of aliens who may receive a visa under section 101(a)(l5)(H)(ii)(b) of such Act (8 U.S.C. 110l(a)(15)(H)(ii)(b)) in such fiscal year above such limitation by not more than the highest number of H-2B nonimmigrants ·who participated in the H- 2B returning worker program in any fiscal year in which returning workers were exempt from such numerical limitation.”

We are concerned that this administration will continue the pattern they have followed over the last two years, in which DHS makes a determination of “economic need” sometime in the late spring / early summer timeframe, and then allows for an additional 15,000 H-2B visas. There will be a very aggressive effort by our group, and by dozens of other impacted industry groups, to get the administration to release the full amount of additional visas (69,320) within their discretion.

Disclaimer: The information contained in this email is intended to educate the public and our members generally and is not intended to provide legal advice or counseling to any individual, company or situation. The information provided should be of general interest and no information or claim should be relied upon for any specific situation. Readers are strongly advised not to attempt to solve problems on the basis of information contained herein. Each reader should seek competent legal counsel so that specific matters and facts can be analyzed for appropriate legal advice.

Author: Mashpee Chamber of Commerce

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