Thursday, June 14th, 2018

E.D. Pa. Vacates 2008 H-2B Wage Rule: CATA v. Solis

"Labor certifications issued under the 2008 Wage Rule exceed the DOL’s delegated authority. The INA and DHS regulations define a small subset of individuals to whom the DOL may grant labor certifications if, and only if, the DOL can assure that such individuals’ receipt of H-2B visas will not adversely affect United States workers. While the DOL lacks authorization to issue labor certifications absent such assurance, the DOL acknowledges that certifications granted under the 2008 Wage Rule “artificially lower[ ] wage[s] to a point that [they] no longer represent[ ] market-based wage[s] for the occupation” and that such certifications “cannot help but have a depressive effect on the wages of [United States workers].” 76 Fed. Reg. 3452-0176, 3477. Accordingly, labor certifications issued under the 2008 Wage Rule fall directly outside the narrow range of circumstances under which the DOL is authorized to issue labor certifications and exceed the