DOL Issues Round 7 FAQs on H-2A Final Rule
The Department of Labor has posted new FAQs for the H-2A program. Topics include signatures, job preferences, and fees. These FAQs are available here.
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DOL Updates H-2A Prevailing Wage Rates for Sheepherding/Goatherding Occupations
On January 8, 2013, the Department published a notice in the Federal Register establishing new 2013 prevailing wage rates for certain occupations processed under H-2A special procedures, including for sheepherding/goatherding and open range production of livestock occupations which became effective immediately. See, 78 FR 1260 (Jan. 8, 2013). The Department is hereby updating prevailing wage rates for these occupations that must be offered and paid in certain states effective as of January 8, 2013.
DOL Issues FAQs on H-2A Final Rule (Round 8)
The Department of Labor has posted new FAQs for the H-2A program. Topics include custom combine activities, housing inspections, filing an application, rates of pay, reimbursable costs, surety bonds, and recruitment.
These FAQs are available here.
USCIS Temporarily Suspends Adjudication of H-2B Petitions Following Court Order
As of March 5, 2015, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers the appropriate response to the court order entered March 4, 2015, in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015).
USCIS Resumes H-2B Adjudications; Premium Processing Remains Suspended
Today, March 17, 2015, the Department of Homeland Security (DHS) will resume adjudications of H-2B petitions, but will continue to suspend premium processing until further notice.
Monday, March 16, 2015 the Department of Labor (DOL) filed an unopposed motion to stay the March 4 order of the U.S. District Court for the Northern District of Florida in Perez v. Perez until April 15. That order vacated DOL's H-2B regulations on the grounds that DOL had no authority under the Immigration and Nationality Act to issue them.
March 18, 2015. Prohibition of DOL H-2B Processing Temporarily Lifted
On March 18, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting DOL to restart its processing of H-2B applications under the 2008 rule immediately and to continue processing applications under that rule through April 15, 2015. Effective immediately, DOL will begin processing H-2B applications under the 2008 rule and will continue to do so through April 15th.
DOL FAQs regarding Temporary Stay of the Court's Vacatur of 2008 Final Rule
The Department of Labor is making available Frequently Asked Questions (FAQs) regarding its implementation of the Northern District of Florida's March 18, 2015 decision to temporarily stay its earlier judgment in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015). As a result of this stay, the Department has temporarily resumed processing of requests for H-2B prevailing wage determinations and applications for H-2B temporary non-agricultural labor certification until April 15, 2015.