District Court Grants Motion Allowing Department of Labor to Issue Temporary Labor Certifications under H-2B Visa Program

Thursday, March 19, 2015

On March 18, the federal district court in the Northern District of Florida granted a motion filed by the Department of Labor (DOL) effectively permitting DOL to restart its issuance of temporary labor certifications under the H-2B visa program through April 15, 2015. 

On March 4, the Court vacated DOL’s 2008 H-2B regulations on the grounds that DOL lacks authority to issue regulations in the H-2B program.  DOL and the Department of Homeland Security (DHS) are working expeditiously to promulgate a rule by next month to minimize future interruption to the H-2B program. 

Effective immediately, DOL will begin processing labor certification applications under the 2008 rule and will continue to do so through April 15th, in accordance with the stay granted by the court.  DHS has resumed processing of H-2B petitions but will continue to suspend premium processing until further notice.

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