The H-2B Program is under siege. Legislative efforts continue apace. Here is some food for thought:
+ Legislative efforts continue apace. These are critical; however, without a rational administrative structure, employers still face labor shortages.
+ DOL's role needs to be clarified. On the one hand, DOL claims it's a consultant, but it is a dispositive consultant if it concludes that a certification should not be granted. On the other hand, it is an advisory consultant if DOL issues a certification. USCIS reviews everything DOL does afresh. Which is it? Controlling or suggestion?
+ DOL should streamline its certification process. First, DOL should acknowledge that the whole point of the certification process is to extract an employer's consent to a regulatory contract - that it specifies. Enforcement comes later. The attestation system is the way to go. Right now, we have the worst of both worlds. We have attestations with DOL trying to prove that the employer won't comply with the attestations in the future. No one can prove a negative, much less a negative about the future.
+ Second, DOL should stop trying to do what is can't do. If an employer seeks certification for 35 job opportunities, a DOL analyst with a check list is unqualified to analyze whether the employer needs 35 or 21 or 42 or some other number. Constant NODs seeking information about the number of workers needed only divert employers and analysts from the more important function of making determinations about certification in a timely manner.
+ Third, DOL and USCIS should stop reviewing temporary need. One agency, not both, should make that decision. If DOL does, USCIS should follow DOL's decision; if USCIS does, DOL should not waste its time on that score.
+ Finally, DOL should be more transparent. The certification process in reality is an exercise in figuring out what information and statements DOL wants. Well, DOL should let people know. That would reduce NODs and speed up the process.