Resources on Perez v. Perez, the Lawsuit Challenging DOL’s 2008 H-2B Regulations

April 30, 2015

Because the joint DHS/DOL interim final H-2B rule was published at 80 FR 24042 on 4/29/15, the district court issued an order lifting the stay.

April 29, 2015

DOL and DHS announced new joint rules for the H-2B program—an interim final rule to reinstate and make improvements to the program and a final rule to establish the prevailing wage methodology for the program:

April 16, 2015

DOL updated its original alert regarding H-2B processing, stating: April 16, 2015: H-2B Processing Continuing On April 15, 2015, the federal district court for the Northern District of Florida issued a further order in Perez v. Perez, No 3:14-cv-682 (N.D. Fla., March 4, 2015) that permits DOL to continue its processing of H-2B applications and requests for prevailing wages through May 15, 2015 unless otherwise lifted by the court. Therefore, DOL is continuing to process H-2B applications and requests for prevailing wage.

DOL originally posted the following alert on its website regarding H-2B processing:

April 16, 2015: DOL H-2B Processing Stops Again

Under the court order issued March 18, 2015, by the federal district court in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida), DOL was permitted to temporarily resume processing H-2B requests for prevailing wages and applications for labor certification under the 2008 H-2B rule through April 15, 2015. The court's order permitted only a temporary resumption, and now requires DOL once again to cease accepting or processing requests for prevailing wage determinations or applications for labor certification in the H-2B program. Effective April 16, 2015, DOL has ceased accepting or processing H-2B prevailing wage determinations and applications for H-2B temporary non-agricultural labor certification under the 2008 rule. DOL and DHS are moving as quickly as possible to issue new joint regulations that will enable DOL to resume processing H-2B applications and requests for prevailing wage determinations.

March 20, 2015

DOL released FAQs on its implementation of the temporary stay in Perez v. Perez. (AILA Doc. No. 15032002)

March 19, 2015

DOL posted an alert that the prohibition on DOL H-2B processing has been temporarily lifted, stating that effective immediately, DOL will begin processing H-2B applications under the 2008 rule and will continue to do so through April 15th. Under the terms of the court's March 18th order, any application for certification or prevailing wage determination that has not completed DOL processing by the time the stay ends as of April 16, 2015 may no longer be processed under the 2008 H-2B rule.

USCIS also posted an alert confirming that both DOL and USCIS have resumed processing of H-2B petitions.

March 18, 2015

The District Court issued an Order stating, "Having considered the matter, the Court finds that the requested temporary relief is appropriate to ensure continued operation of the H-2B program. Accordingly, Defendants' Unopposed Motion for Limited Relief from the Vacatur Order and Judgment is GRANTED. It is further ordered that the Injunction Order dated March 4, 2015 is STAYED or otherwise held in abeyance until and including April 15, 2015."

March 17, 2015
DHS notice that it will resume adjudications of H-2B petitions on 3/17/15, but will continue to suspend premium processing for H-2Bs until further notice, after DOL filed an unopposed motion to stay the 3/4/15 order in Perez v. Perez until 4/15/15. (AILA Doc. No. 15031771)

AILA posts a practice alert regarding recent action regarding the H-2B program and is working with allies on a strategy to address the issue. Currently, DOL is not processing H-2B applications or prevailing wage requests, and USCIS has temporarily suspended processing of H-2B petitions. (AILA Doc. No. 15030960)

AILA Leadership Blog: Could Negotiated Rulemaking Save H-2B?

March 16, 2015

DOL filed an unopposed motion to stay the March 4 order of the U.S. District Court for the Northern District of Florida in Perez v. Perez until April 15. 2015. The motion stated, “Therefore, assuming the Court grants this unopposed motion for a stay until and including April 15, 2015, the Department of Labor will not adjudicate or approve any H-2B labor certification under the vacated 2008 rule after April 15, 2015, and will not seek any further stay from the Court.”

DOL and DHS released a joint statement on next steps for the H-2B program after a federal district court vacated DOL's 2008 H-2B regulations. (AILA Doc. No. 15031660)

March 5, 2015
USCIS temporarily suspended adjudication of Form I-129 H-2B petitions while the government considers its options after the court order entered on 3/4/15, in Perez v. Perez. (AILA Doc. No. 15030904)

March 4, 2015
The federal district court in the Northern District of Florida vacated the Department of Labor's (DOL) 2008 H-2B regulations on the ground that DOL lacks authority under the Immigration and Nationality Act to issue regulations in the H-2B program. (Perez v. Perez, 3/4/15)

DOL posts an alert that effective immediately, DOL can no longer accept or process requests for PWDS or applications in the H-2B program due to Perez v. Perez. DOL is considering its options in light of the court's decision. (AILA Doc. No. 15030563)

Cite as AILA Doc. No. 15030562.