Tag Archives: H-2B

The Department of Homeland Security Adds an Additional 15,000 Visas to the H-2B Program

The Department of Homeland Security (DHS) and The Department of Labor (DOL) have submitted a final rule to the Federal Register, which will be published on July 18, 2017, increasing the number of H-2B visas by 15,000. DHS Secretary John Kelly determined, along with DOL Secretary Alexander Acosta, that there are not enough qualified and … Continue Reading

U.S. Department of Labor Unveils Plans to Begin Charging User Fees

As a result of extensive deliberations spanning over the course of several years, the Department of Labor (DOL) is closing in on making major changes to the labor certification process, including charging user fees for PERM applications.  At present, the electronic PERM process – an initial step in many employment-based permanent residence cases – does … Continue Reading

Court Extends Stay of H-2B Rule Injunction Until May 15, 2015

On April 15, 2015, Chief Judge M. Casey Rodgers of the federal district court in the Northern District of Florida extended the stay discussed in a March 18, 2015, blog post until May 15, 2015, thus allowing the Department of Labor (DOL) to continue accepting and processing H-2B prevailing wage and temporary labor certification applications. DOL submitted … Continue Reading

USCIS Resumes Processing H-2B Petitions; Court Stays Injunction Until April 15

U.S. Citizenship and Immigration Services (USCIS) announced March 17, 2015, that it would start adjudicating H-2B petitions again via regular processing. USCIS continues to suspend premium processing on H-2B petitions. As reported in a blog post March 12, 2015, USCIS and the U.S. Department of Labor (DOL) stopped accepting and/or processing applications for H-2B prevailing wages … Continue Reading

USCIS and DOL Shut Down H-2B Program

As a result of a federal court ruling last week, the U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of Labor (DOL) have shut down the seasonal employment work visa (H-2B) program. USCIS stopped processing H-2B petitions and the DOL stopped accepting and/or processing applications for H-2B prevailing wages and temporary labor certifications. On … Continue Reading

Judge Issues Injunction Permanently Barring Implementation of the H-2B Program Rule

On Feb. 21, 2012, the Secretary of Labor issued a Final Rule (Rule) that sought to overhaul the temporary, non-agricultural foreign worker H-2B program for seasonal workers. The rule was preliminarily enjoined by a Federal District Court Judge in the Northern District of Florida barring the Department of Labor from implementing the rule. The 11th … Continue Reading

Employers in CNMI Facing H-Visa Numerical Cap Issues Should Explore the CW Visa Program

Greenberg Traurig recently reported on the looming expiration of the H-1B and H-2B annual numerical cap exemption in Guam and CNMI, while urging local employers to consider filing extensions for any employee whose H-1B or H-2B authorization expires before December 31, 2014—the date the expiration takes effect. With pervasive Congressional deadlock on the immigration front … Continue Reading

Cap Count for H-2B Non-Immigrants (As of September 12, 2014)

On September 12, 2014, USCIS released the updated “Cap Count” for the H-2B Non-immigrant Visa. The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for … Continue Reading

DOL Report on FY2014 Prevailing Wage Determinations Provides Some Surprising Data for Employers

The Department of Labor (DOL) has released its FY 2014 statistics on prevailing wage determinations for U.S. employers in connection with the sponsorship for foreign workers. This report provides interesting insight into prevailing wage requests by U.S. employers and their representatives for H-1B petitions, H-2B petitions and PERM labor certifications. It also reveals some broader … Continue Reading

Eleventh Circuit Rejects U.S. Department of Labor’s Authority to Issue Rules for H-2B Program

On April 1st, the Eleventh Circuit Court of Appeals issued a landmark decision holding that the U.S. Department of Labor (DOL) lacks the authority to issue rules in connection with the H-2B program, which permits U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill … Continue Reading
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