The U.S. Department of Labor (DOL) resumed processing certifications for the H-2B program, following an April 15 court order permitting it to do so, according to the United States Citizenship and Immigration Services (USCIS) website.
The federal district court in the Northern District of Florida said DOL could continue issuing temporary labor certifications under the H-2B visa program through May 15. As a result, DOL will continue to process temporary labor certification applications under its 2008 H-2B regulations through May 15.
On March 4, the court voided 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. The new rule is expected to come by April 30.
As of April 20, USCIS resumed 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.
