H-2 Visa

USCIS Reaches H-2B Cap for the Second Half of Fiscal Year 2015

On June 5, 2015, USCIS announced that it had reopened the congressionally mandated H-2B cap for the second half of fiscal year (FY) 2015. USCIS has now received a sufficient number of petitions to reach the H-2B cap for the second half of FY 2015.

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USCIS to Reopen H-2B Cap for the Second Half of Fiscal Year 2015

On June 5, 2015, USCIS will reopen the congressionally mandated fiscal year (FY) 2015 cap and will accept Form I-129, Petition for a Nonimmigrant Worker, requesting new H-2B workers with an employment start date between April 1 and September 30, 2015.

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New rules for the H-2B visa program announced by the U.S. Departments of Labor and Homeland Security

In response to recent court decisions that have created significant uncertainty around the H-2B temporary foreign nonagricultural worker program, the U.S. Departments of Labor and Homeland Security today announced an interim final rule to reinstate and make improvements to the program and a final rule to establish the prevailing wage methodology for that program.

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District Court Grants DOL an Extension for H-2B Program

On April 15, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting the U.S. Department of Labor (DOL) to continue issuing temporary labor certifications under the H-2B visa program through May 15, 2015. As a result, DOL will continue to process temporary labor certification applications under its 2008 H-2B regulations through May 15, 2015.

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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.

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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.

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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. 

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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).

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