The U.S. Department of Labor (DOL) will begin using a new formula for calculating prevailing wages on Sept. 30. This regulation will impact H-2B (foreigners with guest-worker visas) users who have labor certifications that are valid after Sept. 30, 2011 and anyone hiring H-2B workers in the future. The horse industry relies heavily on the H-2B program and both new rules could significantly impact employers who utilize it. The AHC fears these actions could make the H-2B program essentially unusable for many employers.

These new wages will need to be paid to current and future H-2B workers and any U.S. workers hired in connection with the H-2B recruitment process. More information on the wage rule can be found here.

Additionally, in December the DOL is planning to finalize a second rule that will affect the program further. The rule will likely require employers to hire any qualified U.S. worker up to three days before the H-2B worker is scheduled to begin and require employers to pay transportation and subsistence costs for potential U.S. workers. A full description of the proposed rule and AHC comments on that proposed rule can be found here

Because of the severe impact these Department of Labor (DOL) actions could have on the small and seasonal businesses that rely on the H-2B program a bipartisan group of Senators and Representatives plan to send a letter to the DOL, asking it to rescind the new wage rule and abandon plans to finalize the March 18, 2011 proposed H-2B rule.  This letter can be viewed here.

The American Horse Council urges you to Call  your Senators and  Representative and ask them to sign the  letter to the DOL being circulated by Congressmen Robert Wittman (R-VA) regarding the H-2B program.

The deadline for your Members of Congress to sign the letter is Sept. 6.