Changes to US work permit rules affect retail recruiters

October 21 2009 by Liam Clifford

Retailers are told they will face changes in how they hire foreign workers

US immigration has closed a loophole in H-2B US work permit application criteria making it harder for mall retailers to bring in temporary Christmas workers from Israel.

H-2B US visas are intended to facilitate the recruitment of seasonal and temporary non-professional workers from abroad to fill labor shortages in industries such as leisure and tourism.

However, the year-round mall retail industry was using the US visas to bring in large numbers of Israeli sales people for the annual holiday period.

US immigration has caught on to this trend and has changed the rules to try to clamp down on this activity. Applications for H-2B visas can now be submitted as little as 120 days before the work in the US is due to begin. Formerly, applications had to be in at least 6 months in advance.

The changes have resulted in problems for mall retailers, who previously relied upon the advance preparation that the six-month buffer period lent them. With only 120 days notice, in which time US visa applications can be accepted or rejected, retailers no longer have the time to wait and see if immigrants' visas are approved.

In addition, firms that are hiring for seasonal positions must prove that they are unable to fill the jobs with American workers before hiring US work visa holders.

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