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USCIS Resumes Processing H-2B Petitions

U.S. Citizenship and Immigration Services (USCIS) announced March 17, 2015, that it would start adjudicating H-2B petitions again via regular processing. USCIS continues to suspend premium processing on H-2B petitions.

As reported in a blog post March 12, 2015, USCIS and the U.S. Department of Labor (DOL) stopped accepting and/or processing applications for H-2B prevailing wages and temporary labor certifications because of a federal court ruling that vacated the DOL’s 2008 H-2B regulations. The DOL filed an unopposed motion to stay the March 4, 2015, federal court order until April 15, 2015. DOL’s motion indicated that USCIS would resume adjudicating H-2B petitions based on temporary labor certifications issued by the DOL.

DOL announced on March 13, 2015, that it and the Department of Homeland Security intend to issue a joint interim final rule by April 30, 2015, that is consistent with the federal court’s decision.

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About this Author

Rebecca B. Schechter, Greenberg Traurig Law Firm, Northern Virginia, Immigration Law Attorney
Of Counsel

Rebecca Schechter focuses her practice on business immigration and compliance, representing multi-national corporations and companies, as well as individual clients. She has experience with all areas of employment-based immigration, particularly H-1B, L-1, O-1 and E-2 petitions, as well as outstanding researcher petitions and labor certification applications. Rebecca regularly assists GT clients with global immigration matters, including business and work visas to countries in Europe, the Middle East, Asia, and Latin America. She also works on state and federal I-9 and E-Verify...