The U.S. Department of Labor (DOL) and the USCIS has indicated that effective March 22, 2013, the DOL and USCIS are holding the adjudication of H-2B applications in light of a court order entered on March 21, 2013 granting a permanent injunction against the prevailing wage determination process in the H-2B program.
Although the DOL has stated that this hold will not affect H-2B applications with prevailing wages utilizing collective bargaining agreements, accepted private wage surveys, Service Contract Act or Davis Bacon Act wage determinations, the USCIS has indicated that it will not adjudicate H-2B applications until the DOL releases guidance addressing the court order. The Court gave the DOL 30 days to come into compliance with its order about wage determinations. The DOL has stated that it intends to promulgate a revised wage rule within 30 days of the court order which the USCIS indicated will allow it to continue with the adjudication of H-2B petitions. However, the DOL has been prevented from implementing a previous H-2B wage regulation by legislation which was enacted to prevent the DOL from using any of its funding to implement the regulation.