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E.D. Pa. Vacates 2008 H-2B Wage Rule: CATA v. Solis

"Labor certifications issued under the 2008 Wage Rule exceed the DOL’s delegated authority. The INA and DHS regulations define a small subset of individuals to whom the DOL may grant labor certifications if, and only if, the DOL can assure that such individuals’ receipt of H-2B visas...

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...

2012 H-2B Program Rule Enjoined - Bayou II

"The Plaintiffs in this case challenge a regulation issued by the United States Department of Labor (“DOL”) in connection with the H-2B visa program on grounds that DOL had no authority to issue the regulation. See Temporary Non-Agricultural Employment of H-2B Aliens in the United States...

Court Enjoins 2008 H-2B Regulations: Perez v. Perez

"On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor‘s (DOL) 2008 H-2B regulations on the ground that DOL lacks authority under the Immigration and Nationality Act to issue regulations in the H-2B program. Perez v. Perez, No. 3:14...