Florida Decision Has Shut Down Department of Labor Processing of H-2B Applications For Now
SEAFOODNEWS.COM [SeafoodNews] By Ken Coons - March 11, 2015
A wide range of U.S. businesses rely on the H-2B Temporary Visa Guest Worker Program for non-agricultural seasonal labor. They include seasonal fish and shellfish processors like crab and oysters packers in the Mid- Atlantic and many landcape and hospitality industry workers.
After a challenge from a Florida non-profit labor rights group, the Northern Florida District Court ruled on March 4 that the Department of Labor does not have the authority to issue regulations in the H-2B program, including standards for calculating prevailing wages for seasonal workers.
DOL then announced that it would immediately stop processing requests for prevailing wage determinations and applications, and would also not accept any new requests or applications. USCIS followed suit on March 5. This has effectively shut down H-2B program applications for now. Presumably the Florida ruling will be appealed.
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