Thursday, June 21st, 2018

DOL ETA Acknowledges H-2B Injunction

"On April 26, 2012, the Temporary Non-agricultural Employment of H-2B
Aliens in the United States, Final Rule, 77 FR 10038, Feb. 21, 2012 was
preliminarily enjoined by the U.S. District Court for Northern District
of Florida, Pensacola Division in Bayou Lawn & Landscape Services,
et al. v. Hilda L. Solis, et al., 12-cv-00183-RV-CJK, and was never
implemented. Therefore, for the present time employers should file their
H-2B labor certification applications under the Labor Certification
Process and Enforcement for Temporary Employment in Occupations Other
Than Agriculture or Registered Nursing in the United States (H-2B
Workers), and Other Technical Changes, 73 FR 78020, Dec. 19, 2008.
However, please be aware that this preliminary injunction necessarily
calls into doubt the underlying authority of the Department of Labor to
fulfill its responsibilities under the Immigration and Nationality Act
and Department of Homeland Security regulations to issue