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 effectively permitting the U.S. Department of Labor (DOL) to continue issuing temporary labor certifications under the H-2B visa program through May 15, 2015. As a result, DOL will continue to process temporary labor certification applications under its 2008 H-2B regulations through May 15, 2015.

On March 4, the court vacated DOL’s 2008 H-2B regulations on the grounds that DOL lacks authority to issue regulations in the H-2B program. DOL and the Department of Homeland Security (DHS) are working to publish regulations to minimize future interruptions to the H-2B program.

USCIS Resumes Premium Processing for H-2B Petitions

On April 20, 2015, USCIS will resume accepting premium processing requests for Form I-129 H-2B petitions. USCIS had announced a temporary suspension of premium processing for all H-2B petitions on March 9, 2015.

Beginning April 20, 2015, employers will be able to file Form I-907, Request for Premium Processing Service, either:

Together with a Form I-129, Petition for a Nonimmigrant Worker, H-2B cap exempt petition; or
Separately to request premium processing service for a previously filed H-2B petition.
Form I-907 allows employers to request faster processing of certain employment-based petitions and applications. The current filing fee for Form I-907 is $1,225." - USCIS, Apr. 17, 2015.

But see: USCIS Reaches H-2B Cap for Fiscal Year 2015