The U.S. Department of Labor recently published an informational document about the staggered crossing provision of the Consolidated Appropriations Act of 2014. In the act, signed into law by President Obama on January 17, 2014, a provision permitting the staggered entry of H-2B workers employed by companies in the seafood industry is acceptable under certain conditions. This provision expires on September 30, 2014; staggered entry of H-2B workers after that date will not be accepted.
All employers submitting H-2B applications for temporary employment are required to indicate their temporary need, including the starting and ending dates of need for the period during which they seek an H-2B worker. However, the 2014 Appropriations Act allowed employers in the seafood industry to bring into the U.S. nonimmigrant workers at any time during the 120 day period on or after their certified start date of need.