USCIS Reaches H-2B Cap for First Half of Fiscal Year 2014

"USCIS has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of Fiscal Year (FY) 2014. March 14, 2014 is the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2014. How We Determine the...

DOL on 'Staggered Crossing' for Seafood Industry H-2B Workers

"On January 17, 2014, the President signed into law the Consolidated Appropriations Act of 2014 (the "2014 Appropriations Act"), Pub. L. 113-76, which includes a provision permitting staggered entry of H-2B workers employed by employers in the seafood industry under certain conditions...

Court Imposes Deadlines on DOL for H-2A, H-2B RFIs: International Labor Management Corp. v. Perez

"Employers using the H-2A and H-2B guestworker programs may get some relief from government-caused delays following a recent federal court decision holding that the Labor Department must follow the statutory and regulatory time frames for issuing notices and certifications. In International Labor...

DOL Notes 'Anomaly' in H-2B Prevailing Wage Data

"OFLC has become aware of an anomaly in the published Prevailing Wage Disclosure datasets titled "PERM_FY 2013.xlsx" and "PERM_FY 2014_Q2." The error is with respect to the listing of wage levels (Level I-IV) under the column "Pwd_Wage_Level" for all H-2B wage determinations...

H-2B Visa Fraudster Sentenced to Prison, $100K Forfeiture

"U.S. District Judge Paul W. Grimm sentenced Milen Radomirski, age 34, a Bulgarian national residing in Germantown, Maryland, today to two years in prison for visa fraud. Judge Grimm also ordered Radomirski to forfeit $100,000. ... Radomirski admitted that he charged visa beneficiaries money in...

Back at It Again With the H-2B Wage Rule

"While everyone was watching the House getting ready to vote, and then not voting, and then actually voting on immigration bills, a couple of court decisions flew under the radar that might finally put to rest the long, drawn-out H-2B wage rule saga." - Laura D. Francis, Aug. 5, 2014 .

Landscaper Pays $300K for H-2B Violations

"Ultimate Services Professional Grounds Management Inc., a Wolcott landscaping company that the U.S. Department of Labor claims violated federal law by failing to hire U.S. workers and underpaying temporary foreign workers, will pay $280,000 in back wages to 80 workers and nine job applicants and...

Judge Keeps 2008 H-2B Rules in Place...For Now: CATA v. Perez (E.D. Pa.)

"Plaintiffs (collectively, “CATA”) move to vacate regulations previously held invalid by this Court and remanded to the agency. ... In effect, the motion is tantamount to a petition for rulemaking. ... It aims at compelling Defendants to engage in rulemaking to fill regulatory gaps that...