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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...

Landscaping Groups Sue Over New H-2B Regulations - Law360

Allissa Wickham, Law360, June 2, 2015 - "Several landscape businesses and groups launched a suit in Florida federal court Monday challenging brand-new regulations for the H-2B program issued by the U.S. Department of Labor and U.S. Department of Homeland Security, saying the new rules are harming...

Those Magical Re-Appearing H-2B Visas!

"On June 5, 2015, USCIS will reopen the congressionally mandated fiscal year (FY) 2015 cap and will accept Form I-129, Petition for a Nonimmigrant Worker, requesting new H-2B workers with an employment start date between April 1 and September 30, 2015. Why USCIS is Reopening the 2nd half FY 2015...

USCIS to Reopen H-2B Cap for the Second Half of Fiscal Year 2015

"On June 5, 2015, USCIS will reopen the congressionally mandated fiscal year (FY) 2015 cap and will accept Form I-129, Petition for a Nonimmigrant Worker , requesting new H-2B workers with an employment start date between April 1 and September 30, 2015. Why USCIS is Reopening the 2 nd half FY...

DOL Posts H-2B Resources

"On May 27, 2015, the Department of Labor hosted a public webinar 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 Interim Final Rule, which became effective on April 29, 2015. To learn more, you may now access...

New H-2B FAQ Round 7 - Recruitment Procedures and the Recruitment Report

U.S. Department of Labor - Employment and Training Administration - OFFICE OF FOREIGN LABOR CERTIFICATION 2015 H-2B Interim Final Rule FAQs - Round 7: Recruitment Procedures and the Recruitment Report

June 11, 2015 is H-2B Petition Final Receipt Date for FY15 Second Half: USCIS

"On June 5, 2015, USCIS announced that it had reopened the congressionally mandated H-2B cap for the second half of FY 2015. USCIS has received a sufficient number of petitions to reach that cap. June 11, 2015 was the final receipt date for new H-2B worker petitions requesting an employment start...

DOL Updates H-2B Visa Forms

DOL, July 8, 2015 - "The Office of Foreign Labor Certification has updated the following H-2B forms: 1) Form 9142B - General Instructions; 2) Appendix B; 3) Form 9142B, Job Contractor Requirements under the 2015 H-2B Interim Final Rule. To access the forms, please click here ."

Signal Intl. LLC Files for Ch. 11 to Settle H-2B Trafficking Lawsuit - Law360

Law360, July 13, 2015 - " Oil and gas service and shipbuilding company Signal International LLC and several affiliates filed for Chapter 11 protection late Sunday in Delaware with a deal in hand that aims to resolve contentious litigation, including a labor trafficking case that resulted in a $14...

DOL H-2B RFI E-Mail Address Change - July 9, 2015

DOL, July 9, 2015 - " The H-2B RFI mailbox at the Chicago National Processing Center ( RFI.H2B.Chicago@dol.gov ) will cease to be monitored July 13, 2015, and will no longer accept messages starting September 30, 2015. All stakeholders should use TLC.Chicago@dol.gov for all communications concerning...

$20M Settlement Reached in H-2B Trafficking Case Against Signal Intl.

First, watch this video . - "Daniel Werner, SPLC senior supervising attorney, speaks about the SPLC’s lawsuit against Signal. The legal team received the Public Justice Foundation’s Trial Lawyer of the Year award for its work on the case." "A $20 million settlement agreement...

OFLC H-2B 2015 Final Wage Rule Webinar, Aug. 21, 2015

" The Department will host a public webinar 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 briefing is scheduled for August 21, 2015, from 1:00...

CA10 on H-2B, Improper Delegation: Daniels v. Perez

"The issue we confront is whether an agency may, without Congressional authorization, delegate its decision-making responsibility to an entirely different agency. Courts are quite tolerant of the administrative practices of agencies, but passing the buck on a non-delegable duty exceeds elastic limits...