H-2B Visas: Uncovering the Mystery of Seasonal and Peakload Workers - Recording (.MP3)

H-2B Visas: Uncovering the Mystery of Seasonal and Peakload Workers - Recording (.MP3)

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Recorded 11/13/2018
CLE Eligible Yes
Length 90 min.
Format MP3
SKU WS2018-11-13-DL

Even many seasoned practitioners rarely encounter or utilize H-2B visas. The panelists will provide practice tips and advise on how to think strategically in order to file successful H-2B applications. The new prevailing wage requirements and timelines also will be addressed.

Featured Topics

  • Ensuring a Temporary Need for the Employee (i.e., Seasonal, Peakload, One-Time Occurrence, and Intermittent)
  • DOL Filing Procedures: Prevailing Wage Request, Filing the ETA 9142B 90 Days Prior to the Start Date
  • Reviewing USCIS and Consulate Processes
  • The Annual Cap and Unprecedented Lottery in 2018 (Including the May 31 One-Time Increase of 15,000 H-2Bs)
  • Employer Obligations: Prevailing Wage, No Layoffs, No Agent Fees, Corresponding Employment, and the ¾ Guarantee Rule
  • Wage and Hour Audits/Investigations and FLSA


Jay C. Ruby (DL), Atlanta, GA
Jay Ruby is an immigration attorney in Fragomen Worldwide’s Atlanta office. Jay’s practice entails over 20 years of successfully partnering with international and domestic business clients in the development and management of innovative, cost-effective, and compliant immigration strategies and programs for foreign national employees. Jay has represented employers from Fortune 50 to start-up companies, handling a broad array of applications and petitions for nonimmigrant (E-1/E-2, L-1, H-1B, H-2B, H-3, O-1, Q-1,TN, B-1 OCS) and immigrant work visas, and permanent resident status. He has provided immigration solutions and strategies to clients across many industries including entertainment/motion pictures, construction, hospitality, healthcare, biomedical, technology, petroleum and energy, higher education, and financial services and banking. Jay has extensive experience developing H-2B visa strategies for seasonal and peak-load employers in the hospitality, landscaping, and construction industries, and representing H-1B and H-2B employers in DOL Wage and Hour Division audits and investigations. He advises employers on immigration compliance and solutions and strategies related to corporate restructures, mergers, acquisitions, spin-offs and downsizing. Jay received his J.D. at Louisiana State University, and his B.A. in History/Political Science at Indiana University.

Loan T. Huynh, AILA DOL Liaison Committee Vice Chair, Minneapolis, MN
Loan Huynh is Co-Chair of the Immigration Group at Fredrikson & Byron and has practiced immigration law for over 20 years. She is also Chair of the firm’s Diversity & Inclusion Committee. She focuses on employment-based immigration, corporate immigration compliance and global mobility solutions for employers, ranging from Fortune 500 companies to mid-size companies, entrepreneurs/investors, and family-owned farms by developing practical immigration policy and strategies to meet their global mobility and immigration goals. Loan also leads Fredrikson & Bryon’s Immigration Team’s I-9 audit and corporate immigration compliance practice. This includes drafting corporate immigration policies; counseling on I-9 / E-Verify policy and procedures; defending employers in civil and criminal worksite enforcement actions; and conducting immigration due diligence in mergers, acquisitions, and other corporate transactions. She is a current Advocates for Human Rights and YWCA Twin Cities Board member. She was a member of the Board of Trustee of the American Immigration Council. She currently serves on AILA’s DOL Liaison Committee and is the current Vice Chair of its H-2 subcommittee. She is also a frequent speaker at national conferences, served as an expert witness on H-2 matters, and has written extensively on immigration issues.

Lynne R. Newkofsky, New York, NY
Lynne R. Newkofsky is the principal of the Law Offices of Lynne R. Newkofsky, which deals exclusively with immigration and nationality law. She has substantial expertise in both nonimmigrant and immigrant visa matters for both corporations and individuals. These include visa classifications such as H-1B (specialty occupation), H-2B (temporary non-agricultural worker), H-3 (trainee), L-1 (intracompany transferee), E-1 (treaty trader), E-2 (treaty investor), J-1 (trainee), TN (Canadian/Mexican professional), and O-1 (extraordinary ability), as well as permanent residence and citizenship applications. Lynne represents a variety of corporate clients spanning various industries in North America, the Far East and Europe. She is fluent in Spanish, proficient in Portuguese and studied Japanese at the Japan Society. Lynne is a member of the Phi Beta Kappa Honor Society and is admitted to practice in New York State and to the Supreme Court of the United States. Ms. Newkofsky has had various speaking engagements including those with AILA, the Center for International Legal Studies, chambers of commerce, financial institutions and academia.

The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.