A U.S. District Court recently upheld the validity of the Department of Homeland Security's ("DHS") authority to delegate to the U.S. Department of Labor ("DOL") the ability to create regulations for setting the prevailing wage rates paid to H-2B nonimmigrants. The H-2B program enables U.S. employers to employ foreign, unskilled, non-agricultural temporary workers in the U.S. As part of the program, employers are required to obtain temporary labor certifications from the DOL evidencing that there are no willing, able or qualified U.S. workers to perform the duties of the position and that the employment of the foreign workers will not adversely affect the wages and benefits of similarly employed workers. Unless the District Court's decision is appealed, the DOL's new wage rule will become effective on October 1, 2012. The wage rule significantly increases the prevailing wages for most H-2B occupations. It is estimated that on a consolidated basis, H-2B employers may be required to pay up to $847 million more in wages to H-2B workers as a result of the wage rule.