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Motion Concerning H-2B Nonimmigrant Visa Program Granted by District Court

Commencing immediately, the Department of Labor will start processing labor permit applications under the 2008 H-2B rulings, but will continue to suspend premium processing until further notice.

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The Federal District Court in Florida granted the motion filed by the Department of Labor permitting them to issue temporary labor certifications for H-2B visas up until April 15, 2015.

The Court has voided DOL’s H-2B 2008 regulations on the grounds that they do not have the authority to issue orders in this program. The Department of Homeland Security (DHS) and the Department of Labor are working promptly to put the rule into operation to reduce any future interruptions in the immigration program.

The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. The H-2B program also establishes certain recruitment and displacement standards in order to protect similarly employed United States workers.

Always consult with an experienced immigration attorney who is a law graduate and certified in the United States of America by the Board of Immigration Appeals Federal Department of Justice.

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