H-2B Petitions for Temporary Non-Agricultural Workers Suspended: Employment Law Manual Updated

Author: Melissa A. Silver, XpertHR Legal Editor

A federal district court has vacated H-2B regulations from the US Department of Labor (DOL) on the ground that the DOL lacks authority under the Immigration and Nationality Act to issue regulations in the H-2B program. As a result of the court order, the DOL is no longer accepting or processing requests for prevailing wage determination or applications for labor certifications in connection with the H-2B program, and the United States Citizenship and Immigration Services has also temporarily suspended adjudication of H-2B petitions for temporary non-agricultural workers.

In light of this development, the Immigration, Form I-9 and Work Visas section of the Employment Law Manual has been updated.