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USCIS Resumes H-2B Adjudications; Premium Processing Remains Suspended

March 18, 2015 by Thomas Geygan

spotlightMarch 17, 2015, the Department of Homeland Security (DHS) resumed 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.

DHS suspended H-2B adjudications while it reviewed the decision. As stated in the motion, DHS will resume adjudicating H-2B petitions based on temporary labor certifications issued by the Department of Labor.

To fill the regulatory gap, DOL and DHS announced on Friday, March 13, that they intend to issue a joint interim final rule by April 30, 2015.

 

Filed Under: Employment, Employment Visas

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