On April 15, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting the U.S. Department of Labor (DOL) to continue issuing temporary labor certifications under the H-2B visa program through May 15, 2015. As a result, DOL will continue to process temporary labor certification applications under its 2008 H-2B regulations through May 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 to publish regulations to minimize future interruptions to the H-2B program.
USCIS Resumes Premium Processing for H-2B Petitions
On April 20, 2015, USCIS will resume accepting premium processing requests for Form I-129 H-2B petitions. USCIS had announceda temporary suspension of premium processing for all H-2B petitions on March 9, 2015.