USCIS Temporarily Suspends Adjudication of H-2B Petitions Following Court Order
As of March 5, 2015, U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended adjudication of Form I-129 H-2B petitions for temporary nonagricultural workers while the government considers the appropriate response to a court order entered March 4, 2015, in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015).
USCIS noted that due to this decision, as of March 4, the Department of Labor (DOL) is no longer accepting or processing requests for prevailing wage determinations or applications for temporary labor certifications in the H-2B program. DOL is considering its options in light of the court’s decision.
Because H-2B petitions require temporary labor certifications issued by DOL, USCIS has temporarily suspended adjudication of H-2B petitions. USCIS will continue adjudicating H-2B petitions for nonagricultural temporary workers on Guam if the petitions are accompanied by temporary labor certifications issued by the Guam Department of Labor.
As of March 6, 2015, USCIS has also suspended premium processing for all H-2B petitions until further notice. If a petitioner has already filed H-2B petitions using the premium processing service and the agency did not act on the case within the 15-calendar-day period, USCIS will issue a refund.
DOL has released frequently asked questions (FAQs) regarding its implementation of the decision in Comite de Apoyo a los Trabajadores Agricolas (CATA) v. Perez, 774 F.3d 173, 191 (3d Cir. 2014). Following the court's decision, DOL ceased issuing prevailing wage determinations in the H-2B program based on employer-provided wage surveys and can no longer issue H-2B temporary employment certifications based on employer-provided wage surveys.
USCIS's NOTICE ON PEREZ v. PEREZ
DOL's NOTICES ON PEREZ v. PEREZ and COMITE DE APOYO a los TRABAJADORES AGRIGOLAS (CATA) v. PEREZ
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