US Citizenship and
Immigration Services (USCIS) has announced the temporary suspension of
the H-2B visa program. This comes following the March 4 ruling by the US
District Court for the Northern District of Florida Pensacola Division. In
Perez v. Perez, the Court has ruled that the Department of Labor (DOL) lacks
the statutory authority to issue rules and regulations for the H-2B visa program
and specifically named the Department of Homeland Security (DHS) as the
Due to this decision, the
DOL is no longer accepting or processing requests for prevailing wage
determinations or applications for temporary labor certifications in the H-2B
program. Because H-2B petitions require temporary labor certifications issued
by DOL, USCIS has also temporarily suspended adjudication of H-2B petitions.
USCIS has also suspended premium processing for all H-2B petitions until
It is being widely
reported that a joint DOL/DHS Interim Final Regulation (IFR) will be published
by April 30 and will address the crisis stemming from the Perez decision.
However, in the meantime, the impact of this suspension will be significant on
the club industry as well as many other industries that rely on this program
for seasonal employees.
CMAA is working together
with our allies in the industry to resolve this effort. It is important that
clubs who have been impacted by this action contact their Congressional
representatives to register their concerns. Constituent voices are vital. Our
industry ally, GCSAA, has created talking points for these discussions. Review
these talking points and take action today!
Stay tuned for further developments!