The Department of Homeland Security (DHS) and the Department of Labor (DOL) recently issued new regulations for the H-2B, Temporary Non-Agricultural Workers Program, that are effective as of the date of publication, April 29, 2015. The H-2B program requires employers to establish that their need for a foreign worker's services is temporary, that there are insufficient U.S. workers that are able, available, qualified and willing to accept the H-2B position and that the hiring of a foreign worker will not adversely affect the working conditions and wages of U.S. workers. The Departments published an interim final rule that outlines new requirements for the H-2B temporary labor certification, as well as a final rule that addresses the procedures for prevailing wage issuance. The new rules require that the recruitment be conducted after the filing of the Application for Temporary Employment Certification with the DOL. Additionally, the State Workforce Agency Job Order posting, and the posting of the position on a newly created electronic national job registry, must remain active until 21 days prior to the need of the H-2B worker versus the prior requirement that the Job Order be posted for only 10 days prior to the Application filing. The new interim final rule also requires that employers offer the H-2B position to former employees who are U.S. workers and has additional provisions addressing an H-2B worker and U.S. worker wages, working conditions and benefits. The rule also lowers the temporary need period from 10 months or less to 9 months or less and now defines full-time as at least 35 hours per week as opposed to 30. Both sets of regulations were issued after months of litigation in the H-2B program.