On March 17, 2015, the Department of Homeland Security (DHS) and Department of Labor (DOL) announced they will resume processing H-2B petitions, but will continue to suspend premium processing until further notice. Earlier this month, the DHS and DOL stopped processing all H-2B visa applications in response to a court decision.
The AHC, urged members of Congress to contact DHS and DOL and ask the agencies to resume processing H-2B applications immediately.
In response to the outcry from users of the program and Congress the DOL asked the court to stay its decision until April 15, while DHS works to issue a new interim H-2B rule by that date. The stay was granted and applications will now be processed at least until April 15.
The H-2B program is used by members of the horse industry, principally horse trainers and owners who cannot find American workers to fill semi-skilled jobs as grooms, exercise riders, and stable attendants at racetracks, horse shows, fairs and in similar non-agricultural activities.
On March 5, the DHS and DOL stopped processing applications for H-2B temporary worker visas. The DHS and DOL did this in response to a March 4, U.S. District Court decision in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015) that vacated a 2008 H-2B rule the program had been operating under. This action effectively shut down the H-2B program for any employer that had not already completed the H-2B application process, including many in the horse industry. However, the court order did not in any way require DHS and DOL to suspend H-2B processing.
If you have any questions please contact the AHC.