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 Association (AILA) urges USCIS to resume processing of H-2B petitions supported by a temporary labor certification which was issued prior to March 4, 2015, the date of the Order of the United States District Court for the Northern District of Florida in Perez v. Perez, No. 3:14-cv-682. AILA also urges USCIS to accept H-2B petitions filed subsequent to the date of the court's order, if the H-2B petition is supported by a temporary labor certification issued prior to the date of court's order.

The court in Perez has enjoined DOL from enforcing DOL's 2008 H-2B regulations. It has not invalidated H-2B temporary labor certifications already issued by the DOL, nor has the court directed USCIS to end processing of H-2B petitions supported by previously issued temporary labor certifications.

The suspension of processing of H-2B petitions by USCIS will have a significant impact on a wide range of industries, including resort and hospitality, seafood, landscaping, grounds maintenance, and forestry, to name but a few. Underscoring the importance of this visa, Senator Mikulski recently made the point, "For every one H-2B visa granted, two American jobs are created. My top priority is jobs. I will continue to fight for Maryland's seafood jobs to ensure that the Eastern Shore continues to prosper for families and businesses." Businesses which use the H-2B program to supplement workforce needs will face serious labor shortages, and the potential for significant economic loss across several industries is tremendous. These employers acted in good faith in obtaining temporary labor certifications. The decision in Perez v. Perez does not require USCIS to cease processing of their H-2B petitions.

For these reasons, AILA asks USCIS 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.

AILA looks forward to working with USCIS to achieve both short-term and long-term solutions to H-2B issues. Copied on this message are Leslie Holman, AILA President, and Crystal Williams, AILA Executive Director. Please feel free to contact any of us for further information or for AILA's assistance.

Sincerely,

Bob Deasy

Robert P. Deasy
Deputy Director for Programs
American Immigration Lawyers Association

AILA is aware of the recent action regarding the H-2B program and is working with allies to develop a strategy to address the issue. Currently DOL is not processing H-2B applications or prevailing wage requests, and USCIS has announced the temporary suspension of processing of H-2B petitions. Watch AILA.org for further developments.

Cite as AILA Doc. No. 15030960." - AILA, updated Mar. 12, 2015.