4th Circ. Skeptical That DOL Can't Help Regulate H-2B Visas

Law360 (September 10, 2020, 8:10 PM EDT) -- The Fourth Circuit appeared hesitant at a hearing Thursday to bar the U.S. Department of Labor from regulating the H-2B guest worker visa program, pressing attorneys for industry groups to explain why the department lacks that authority.

The three-judge panel questioned why the DOL could not issue rules governing the visa program, which allows U.S. employers to hire foreign workers for temporary non-agricultural jobs, under Congress' mandate that the U.S. Department of Homeland Security engage in "consultation with appropriate agencies" before granting the visas.

Under a set of contested rules, employers requesting to hire H-2B workers — who often work in...

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