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CA4 on H-2A Regulatory Whiplash: North Carolina Growers' Association, Inc. v. Solis

"This appeal involves a regulatory action by the Department of Labor (the Department), which suspended various regulations for temporary agricultural workers and reinstated other prior regulations. We primarily consider: (1) whether the Department’s action constituted "rule making"...

11th Circuit Holds Labor Department Has No Authority to Issue H-2B Rules

" Today the United States Court of Appeals for the Eleventh Circuit affirmed the decision of the United States District Court for the Northern District of Florida enjoining the Department of Labor (DOL) from enforcing its non-immigrant non-agricultural unskilled labor visa program (H-2B) in Bayou...

H-2B Visa Uproar: Gridlock, Chaos...or Opportunity?

On March 21, 2013 the U.S. District Court for the Eastern District of Pennsylvania enjoined and vacated the 2008 Wage Rule . As of March 22, 2013, DOL began to " hold[...]in abeyance the issuance of final determinations on most pending H-2B applications for temporary labor certification and those...

Tangled H-2B Web - Update

Angelo A. Paparelli writes : "This post -- originally published on March 31, 2013 -- is a guest column ( updated on April 3, 2013 ) to reflect actions by the 11th Circuit Court of Appeals and U.S. Citizenship and Immigration Services. The original post was authored by a former federal government...