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Department of Labor Not Accepting Prevailing Wage Requests or Labor Certification Applications for H-2B Workers

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Department of Labor Not 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 immediately, DOL states that it can no longer accept or process requests for prevailing wage determinations (PWDs) or applications for labor certification in the H-2B program.  DOL is considering its options in light of the court’s decision.

Clearly this is 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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