The Department of Labor (DOL) has announced a 60-day postponement of the effective date for the final rule concerning the wage methodology for the Temporary Non-Agricultural Employment H-2B program, postponing the effective date from September 30, 2011 to November 30, 2011. The Wage Rule revises the methodology for calculating the prevailing wages to be paid to H–2B workers and U.S. workers recruited in connection with a temporary labor certification for use in petitioning the DHS to employ a nonimmigrant worker in the H–2B status.
DOL had published the Wage Rule on January 19, 2011 and had originally set the effective date for January 1, 2012. However, on June 16, 2011, a court issued a ruling that invalidated the January 1, 2012 effective date of the Wage Rule and ordered the DOL to announce a new effective date for the rule. Subsequently, DOL published the Final Rule on August 1, 2011, which set the new effective date for the Wage Rule at September 30, 2011, without altering the substance of the Wage Rule. In September 2011, suits was filed reliefs to bar the DOL from implementing the Wage Rule, in the US District Court for the Western District of Louisiana, Alexandria Division and the US District Court for the Northern District of Florida, Pensacola Division.
DOL has now informed that in consideration of the two pending challenges to the Wage Rule and its new effective date, it is postponing the effective date of the rule from September 30, 2011, until November 30, 2011.