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The latest development in the H-2B saga came yesterday. The federal district court at the heart of the controversy decided to temporarily stay its order that had vacated the U.S. Department of Labor’s 2008 H-2B regulations. The court stayed its decision through April 15. The court did not have much sympathy for the DOL’s lack of a contingency plan but stated, “given that there are numerous United States employers who rely on the H-2B program to fill their temporary labor needs, the Court agrees that the requested temporary relief is warranted.”
According to its website, the DOL will begin processing H-2B applications under the 2008 rule and will continue to do so through April 15, 2015. Under the terms of the district court’s order, any application for certification or prevailing wage determination that has not completed DOL processing by the time the stay ends on April 16, 2015, may no longer be processed under the 2008 H-2B rule.
As we previously posted, the DOL and U.S. Citizenship and Immigration Services intend to issue an Interim Final Rule on the H-2B program by April 30.