The DOL Office of Foreign Labor Certification recently posted the following on its webpage:

March 26, 2009 Notice Withdrawing Arriaga Discussion:

The Federal Register has published a Notice regarding language contained in both the preambles to the H-2A and H-2B Final Rules, published in December. The Notice withdraws an opinion expressed in both preambles that the Fair Labor Standards Act and its implementing regulations "do not require employers to reimburse workers under the H-2A and H-2B nonimmigrant visa programs, respectively, for relocation expenses even when such costs result in the workers being paid less than the minimum wage." The Notice withdraws this interpretation from further consideration as a statement of Department policy. To read the full text of the Notice, click here.