The United States Department of Labor recently announced a suspension of further adjudication of H-2B Applications for Temporary Labor Certifications due to a recent court order from the Eastern District of Pennsylvania. As a result, thousands of H-2B applications are stuck in an administrative holding pattern, while the DOL scrambles to comply with the court order. The lawsuit focuses on the DOL's use of certain prevailing wage determinations and has caused hundreds of employers nationwide to wait the Department's actions, so as to be able to continue to move forward with their respective H-2B applications. Temporary labor certifications are a required component of H-2B filings with USCIS and therefore, a delay in the adjudication of the labor certification means a delay in the ability for construction, landscaping, theme park and other similarly situated seasonal, peak-load and one-time need employees to be able to arrive to the United States.
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Robert Brown LLC for additional information, guidance and assistance.