LexisNexis® Legal Newsroom
H-2B Cap Reached for the First Half of Fiscal Year 2015

"USCIS has received a sufficient number of petitions to reach the congressionally mandated limit, or “ cap ” on the total number of foreign nationals who may seek a visa or otherwise obtain H-2B status for the first half of fiscal year (FY) 2015. Jan. 26, 2015 was the final receipt date...

Federal Jury Awards $14 Million to Indian Guest Workers Victimized in Labor Trafficking Scheme by Gulf Coast Shipyard, Agents

"A federal jury in an SPLC case today awarded $14 million in compensatory and punitive damages to five Indian guest workers who were defrauded and exploited in a labor trafficking scheme engineered by a Gulf Coast marine services company, an immigration lawyer and an Indian labor recruiter who lured...

DOL OFLC FAQ on H-2B Private Wage Surveys

U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification Frequently Asked Questions H-2B Program – Employer-Provided Surveys March 2015

Court Enjoins 2008 H-2B Regulations: Perez v. Perez

"On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor‘s (DOL) 2008 H-2B regulations on the ground that DOL lacks authority under the Immigration and Nationality Act to issue regulations in the H-2B program. Perez v. Perez, No. 3:14...

GAO: Increased Protections Needed for H-2A, H-2B Visa Workers

"Why GAO Did This Study Tens of thousands of foreign nationals travel to the United States each year under the H-2A and H-2B visa programs. These programs are designed to fill a temporary need that U.S. workers are unavailable to fill. Employers may use third parties to recruit these workers...

AILA Letter to USCIS: Continue to Process H-2B Cases

"AILA sent the following message to USCIS, asking the agency to resume processing of H-2B petitions already filed, and to accept and process H-2B petitions supported by temporary labor certifications issued prior to March 4, 2015. Dear Director Rodríguez: The American Immigration Lawyers...

Relief in Sight for H-2B Visas?

I have read DOL email chatter about a joint DOL/DHS Interim Final Regulation (IFR) to be published by April 30th that would address the crisis flowing from the March 4, 2015 Perez v. Perez decision. Watch this space for further news. DOL and/or DHS may make an announcement soon, perhaps Monday. Meanwhile...

Official from DOL: Next Steps for H-2B

"From: "Surbey, Jason - OPA" <Surbey.Jason@dol.gov> Date: March 16, 2015 11:01:03 AM CDT To: Dan Kowalski Dan, please see this joint statement from DOL and DHS on next steps for the H-2B Program: On March 4, 2015, the federal district court in the Northern District of...

USCIS Resumes H-2B Adjudications; Premium Processing Remains Suspended

"Today, March 17, 2015, the Department of Homeland Security (DHS) will resume adjudications of H-2B petitions, but will continue to suspend premium processing until further notice. Monday, March 16, 2015 the Department of Labor (DOL) filed an unopposed motion to stay the March 4 order of the...

BREAKING: Stay Granted in Perez v. Perez H-2B Litigation

"Defendants’ Unopposed Motion for Limited Relief from the Vacatur Order and Judgment (Doc. 16) is GRANTED. It is further ordered that the Court’s Injunction Order dated March 4, 2015 (Doc. 14) is STAYED or otherwise held in abeyance until and including April 15, 2015." - Perez v...

OFLC on H-2B Restart - Mar. 18, 2015

Prohibition of DOL H-2B Processing Temporarily Lifted "On March 18, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting DOL to restart its processing of H-2B applications under the 2008 rule immediately and to continue processing applications...

H-2 Visas In Flux - Reform or Status Quo?

"[A]ccording to Daniel Costa of Economic Policy Institute (EPI), it's unclear what extent the new [joint DHS / DOL Interim Final] rule would strengthen standards or maintain the status quo: [E]mployers are keeping their fingers crossed that DOL/DHS reissue as much of the substance of the...

H-2B News from DOL, USCIS

District Court Allows DOL to Continue Processing Certifications for H-2B Program and USCIS Resumes Premium Processing for H-2B Petitions " District Court Grants DOL an Extension for H-2B Program On April 15, 2015, the federal district court in the Northern District of Florida issued an order...

Regulatory Redo for H-2B Visas

"A series of recent court cases challenging temporary work visa regulations have unraveled federal regulators’ efforts to balance labor and business interests. Last spring, and again this past March, a federal district court in Florida found that the U.S. Department of Labor lacks authority...

Joint DOL/DHS H-2B Interim Final Rule Near Release

"A new rule governing the H-2B labor certification process is being reviewed by the Office of the Federal Register and could be published as soon as next week, lawyers for the U.S. Department of Labor and Department of Homeland Security told a Florida federal judge Friday. The two departments have...

In Wed., Apr. 29, 2015 Federal Register, New H-2B Rules

Here are links to advance copies of the joint DHS/DOL Interim Final Rule on H-2Bs , and the DOL Final Rule on H-2B Prevailing Wage calculation, both set for publication in the Federal Register on Wednesday, Apr. 29, 2015.

New H-2B Regs Hold Some Hurdles For Small Businesses

"The U.S. Department of Homeland Security and the U.S. Department of Labor released new H-2B visa regulations Tuesday after previous versions were struck down by a federal judge, and attorneys say small changes to the regulations could make the program less accessible to small businesses. In a joint...

New H-2B Prevailing Wage, Program Regulations

Program Interim Final Rule : "The Department of Homeland Security (DHS) and the Department of Labor (DOL) are jointly issuing regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal nonagricultural employment and the enforcement of the obligations...

DOL on New H-2B Regulations

"On April 29, 2015, the Departments of Labor and Homeland Security jointly published new regulations governing the H-2B Temporary Non-agricultural Labor Certification Program. The new regulations are effective immediately. The Department of Labor's news release discussing the two regulations...

DOL Takes Down Dedicated H-2B IFR Info Page; FAQs Remain

As of 11:30 a.m. Central, the dedicated page mentioned in yesterday's post is nowhere to be found. It was there yesterday, I swear. When will DOL bring it back to life? Meanwhile, the links to the FAQs still work. - DMK "The Office of Foreign Labor Certification has created a dedicated web...

Dedicated DOL H-2B Page Back Online

It's back: H-2B Temporary Non-agricultural Program 2015 Interim Final Rule Resources And they fixed the links to the FAQs at the bottom of the page.

Leland E. Beck: Is the H-2B IFR Any Better?

"The inflation of DHS’s responsibility to “consult” into DOL’s “certification” and somehow an authority for DOL to participate as a principal in promulgating substantive regulations is little more than an ipsi dixit – “because they said so.”...

H-2B Webinars Scheduled for May 13th, May 15th - DOL

"The Department will host two public webinars to educate stakeholders, program users, and other interested members of the public on the changes to the H-2B program made by the H-2B 2015 Final Wage Rule, in effect as of April 29, 2015. The webinar briefings are scheduled for May 13, 2015 and May...

DOL Posts Slides from H-2B Webinar

"The presentation for the H-2B 2015 Final Wage Rule webinar briefings, hosted on May 13, 2015 and May 15, 2015, has been posted under the Prevailing Wage Information section on the Office of Foreign Labor Certification's H-2B 2015 Interim Final Rule web page. To access the page, please click...

DOL H-2B Webinar, May 27, 2015

DOL ETA - "On Wednesday, May 27, 2015, the Department of Labor will hold a public webinar to familiarize stakeholders with the requirements of the H-2B 2015 Interim Final Rule. The webinar will begin at 2PM Eastern Daylight time. The H-2B 2015 Interim Final Rule webinar will be available on a first...