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Department of Labor is Again Accepting Prevailing Wage Requests or Labor Certification Applications for H-2B Workers

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Department of Labor is Again Accepting Prevailing Wage Requests or Labor Certification Applications for H-2B Workers

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Contributed by Melanie Corrin, Partner

On March 4, 2014 a federal district court in the Northern District of Florida vacated the Department of Labor’s 2008 H-2B regulations, finding that the DOL lacks authority to issue regulations in the H-2B program under the Immigration & Nationality Act.  Because of this decision, effective March 5, 2015, DOL stated it could no longer accept or process requests for prevailing wage determinations (PWDs) or applications for temporary labor certification in the H-2B program.  DOL then considered its options in light of the court’s decision.

On March 18, 2015 the Court agreed to stay its injunction and on the 20th the Department of Labor updated their website to allow temporary labor certification filings.

Clearly this was an issue for employers who are seeking H-2B visas for the second half of the fiscal year.  The Department of Homeland Security has announced that it has receipted approximately 16,519 petitions toward the 33,000 cap for the second half of the 2015 fiscal year.  If your company is presently working on an H-2B petition, please contact us.  We will keep this information updated as quickly as we receive it.

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