U.S. Citizenship and Immigration Services (“USCIS”) has temporarily suspended adjudication of most H-2B petitions for temporary non-agricultural workers in response to the Court order entered March 21, 2013 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis. That order granted a permanent injunction against the operation of the portion of the Department of Labor’s (“DOL”) 2008 wage rule related to certain prevailing wage determinations and gave DOL 30 days to come into compliance with the Court order. Premium processing of H-2B petitions has been suspended until further notice. Pursuant to Agency policy, petitioners who have filed an H-2B petition using premium processing and receive no agency action on their case within the 15 calendar day period will be issued a refund.
The DOL intends to promulgate a revised wage rule within 30 days of the date of the Court order, allowing the Immigration Service to resume adjudication of all H-2B petitions.