On August 21, 2009, the Department of Labor (DOL) issued a bulletin discussing the interaction between the H-2B visa program and the Fair Labor Standards Act (FLSA).  After an extensive review, and under its wage and enforcement authority, the DOL has concluded that employers are responsible for paying both transportation and visa expenses of their H-2B workers, since these are “primarily for the benefit of the employer”.  A copy of the bulletin can be found here.