Labor Department Stepping Up Investigations of H-2B Visa Users

Labor Department Stepping Up Investigations of H-2B Visa Users

The Wage and Hour division of the US Department of Labor announced earlier this month that it was planning a campaign of inspections and investigations targeting employers who use the H-2B seasonal guest worker visa program to hire temporary employees from other countries. Billed as an “education and enforcement initiative,” the campaign will target hotels and landscapers, the two industries that rely most heavily on the H-2B visa, “providing compliance assistance tools and information to employers and stakeholders, as well as conducting investigations of employers using this program,” according to the Labor Department’s statement:

A key component of the investigations is ensuring that employers recruit U.S. workers before applying for permission to employ temporary nonimmigrant workers. “Any employer seeking workers under this program must be ready and willing to hire qualified U.S. applicants first,” said Bryan Jarrett, Wage and Hour Division Acting Administrator. “This initiative demonstrates our commitment to safeguard American jobs, level the playing field for law-abiding employers, and protect guest workers from being paid less than they are legally owed or otherwise working under substandard conditions.”

Last year, WHD investigations found more than $105 million in back wages for more than 97,000 workers in industries with a high prevalence of H-2B workers, including the hotel industry.

The H-2B is a six-month visa that allows foreigners to work for a US employer temporarily and is most commonly used in the hospitality and landscaping industries to fill labor shortages in the high-demand summer season. In a historically tight market for American workers, employers in these industries have grown more dependent on the H-2B program to keep up with seasonal demand and grow their businesses. The policies of President Donald Trump, who has tasked his administration with reducing the number of both legal and undocumented immigrants entering the US, have exacerbated the labor market challenges of many employers who rely on guest worker visa programs like the H-1B and H-2B.

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UK Migration Committee Recommends Uncapping Tier 2 Visas After Brexit

UK Migration Committee Recommends Uncapping Tier 2 Visas After Brexit

The UK government’s Migration Advisory Committee issued a report this week assessing the impact of immigration from the European Economic Area and suggesting ways for the government to reform immigration policy in preparation for the UK’s exit from the European Union next March. Once Brexit is fully implemented in 2020, freedom of movement is expected to end between the UK and the EU, meaning UK employers will no longer be able to seamlessly recruit workers from other European countries, which employers fear may lead to labor shortages in a range of industries from agriculture and construction to hospitality, health care, and finance.

The MAC report concludes that there is no need for the UK to continue to have separate immigration rules for EU/EEA citizens and migrants from other countries. The committee’s main recommendation for alleviating these potential shortages is to remove the cap on Tier 2 skilled-worker visas, People Management explains:

Along with ending the Tier 2 (General) visa cap, the report also suggested extending Tier 2 eligibility to medium-skilled roles and abolishing the resident market test list but retaining the £30,000 salary threshold. It added the immigration skills charge should also cover EEA citizens. The report noted these changes “would allow employers to hire migrants into medium-skill jobs but would also require employers to pay salaries that place greater upward pressure on earnings in the sectors”.

Tier 2 visas became a concern for employers earlier this year as restricted certificates of sponsorship – which must be obtained by UK employers hiring non-EEA staff – were continuously oversubscribed for in the first half of 2018. Pressure on the system only eased after the government removed NHS doctors and nurses from the cap.

The main upshot of this proposal is that highly skilled talent would be relatively easy to recruit from other countries, but low-skill workers would not. Writing at Personnel Today, Kerry Garcia and Jackie Penlington from the law firm Stevens & Bolton LLP take a closer look at what the MAC’s scheme would mean for employers:

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Facebook, Employers Hit With Gender Discrimination Suit Over Job Ad Targeting

Facebook, Employers Hit With Gender Discrimination Suit Over Job Ad Targeting

A group of job seekers, backed by the Communications Workers of America and the American Civil Liberties Union, filed charges with the Equal Employment Opportunity Commission on Tuesday against Facebook and nine employers who they say used the social media site’s demographic targeting features to discriminate against female candidates in job ads, the New York Times reports:

The employers appear to have used Facebook’s targeting technology to exclude women from the users who received their advertisements, which highlighted openings for jobs like truck driver and window installer. The charges were filed on behalf of any women who searched for a job on Facebook during roughly the past year. …

The lawyers involved in the case said they discovered the targeting by supervising a group of workers who performed job searches through their Facebook accounts and clicked on a variety of employment ads. For each ad, the job seekers opened a standard Facebook disclosure explaining why they received it. The disclosure for the problematic ads said the users received them because they were men, often between a certain age and in a certain location.

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CareerBuilder Launches New Mobile App with AI and AR features

CareerBuilder Launches New Mobile App with AI and AR features

The job search website CareerBuilder has rolled out a new mobile app that uses artificial intelligence and augmented reality to help job seekers apply and employers find candidates more quickly and easily, VentureBeat reported last week:

The mobile app has some attention-grabbing features. It can build your resume, apply to jobs on your behalf, and show augmented reality views of job openings at the businesses you walk by. It also helps you develop the skills needed for a better-paying job.

And for [employers], the mobile app shows the real-time supply and demand trends for talent you need. It instantly builds your job descriptions, automatically matches your job openings to candidates who are more likely to respond, and runs campaigns to engage them.

CareerBuilder’s mobile app is the latest in a series of new technological innovations search engines and job boards have unveiled in the past year to simplify and streamline the job search process and to provide prospective applicants with additional information about organizations and roles. Google’s built-in job search function was launched in the US last year and has since expanded to India, Canada, and the UK. The search giant has also developed new tools for recruiters, including an AI-powered candidate discovery feature and its Cloud Talent Solution product, which it made publicly available last month. Facebook has also added a dedicated job search functionality, which it has rolled out in 40 countries. The Japanese HR conglomerate Recruit Holdings, which owns Indeed, made a deal to acquire Glassdoor earlier this year.

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More Tech Companies Making Big Bets in Toronto

More Tech Companies Making Big Bets in Toronto

Microsoft is planning a new, $570 million Canadian headquarters in Toronto, GeekWire reported last week, becoming the latest in a series of major US tech companies to announce large-scale investments in Canada:

The Redmond, Wash., software giant announced plans to build a massive new Canadian headquarters in Toronto, promising to invest $570 million in the facility. Microsoft expects to move into the new facility, located at 81 Bay Street, in Sept. 2020. The company will relocate its current Canadian headquarters and several other offices, dispersed through the country, to the new headquarters.

Toronto is having a bit of a moment on the global tech stage. Google sister company Sidewalk Labs is developing a plan to create an innovation district on the Toronto waterfront as a proof-of-concept for technologists who believe they can improve urban planning. Google plans to relocate its Canadian headquarters to Toronto as part of that initiative.

The very next day, Uber also revealed plans for a new Toronto office, announcing that it would spend around $154 million to build a new engineering hub there, doubling its Toronto-based tech workforce to around 500 employees. The ride-sharing startup will also be expanding its self-driving car operations there. These latest moves will further boost Toronto’s profile as one of Canada’s leading tech hubs, particularly for emerging technologies like artificial intelligence. Major tech companies have been investing in Canada at a steady clip over the past year, also including Salesforce, Alphabet’s DeepMind unit, and Facebook. Toronto is also the only non-US finalist for Amazon’s second North American headquarters.

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US Retailers Anticipate Needing Even More Workers This Holiday Season

US Retailers Anticipate Needing Even More Workers This Holiday Season

The holiday hiring season is already in full swing in the US and the number of seasonal workers hired this year is expected to grow, according to a new forecast from Challenger, Gray & Christmas, citing year-to-year trends and announcements retailers have already made this year:

Last year, seasonal retail employment increased by 668,400 during the final three months of the year, 4.3 percent higher than the 641,000 jobs added in 2016, according to employment data from the Bureau of Labor Statistics (BLS). … Last year, BLS data showed that transportation and warehousing employment increased by a non-seasonally adjusted 279,700, up 13.4 percent from the 246,700 workers in the final quarter of 2016 and 6.6 percent higher than the 262,300 workers hired in this sector in the final three months of 2015.

Companies in this sector are averaging 5.2 million workers this year, compared to 4.9 million in 2015 and 4.2 million in 2008, according to non-seasonally adjusted BLS data.

Challenger points to several companies that have announced they will hire as many holiday season employees as last year or more: Macy’s announced this week that it planned to hire 80,000 seasonal workers, as many as it planned to at the start of the 2017 season (it ultimately hired 87,000 last year). FedEx announced plans for 55,000 holiday hires, a 10 percent increase over last year’s number, and said it would also increase hours for some current employees. The big-box retailer Target, meanwhile, said on Thursday that it would hire around 120,000 seasonal workers for the holidays, 20 percent more than last year, while also raising starting pay by $1 per hour, the Star-Tribune reported:

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New USCIS Policy Expected to Increase Denials of US Visa Applications

New USCIS Policy Expected to Increase Denials of US Visa Applications

Under a new policy that came into effect on Tuesday, visa adjudicators at US Citizenship and Immigration Services are now allowed to deny visa applications or petitions without first issuing a notice of intent to deny or a request for additional evidence. In announcing the policy in July, the agency said the policy was “intended to discourage frivolous or substantially incomplete filings used as ‘placeholder’ filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence. It is not intended to penalize filers for innocent mistakes or misunderstandings of evidentiary requirements.”

Immigration lawyers, however, tell ProPublica that the policy will effectively make it much harder for visa applications to succeed, adding to the various procedural barriers the Trump administration has erected to slow down legal immigration to the US. The attorneys expressed concern that “there is not enough oversight or clear standards to ensure fair handling”:

One reason the lawyers are worried is that they’ve seen a barrage of scrutiny directed at once-standard immigration applications since Trump took office. ProPublica spoke with a dozen lawyers and reviewed documentation for several of these cases.

Many responses cited technicalities: One application was not accepted because the seventh page, usually left blank, was not attached. Another was rejected because it did not have a table of contents and exhibit numbers, even though it had other forms of organization. “It seems like they are just making every single submission difficult,” Bonnefil said. “Even the most standard, run-of-the-mill” application.

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