The Department of Labor (DOL) has issued a new guidance in the Federal Register, providing notice of the judicial order enjoining it from implementing and enforcing the 2012 H–2B Final Rule.
As our readers would be aware, the 2012 H-2B Final Rule was to become operative on April 27, 2012. DOL had issued Guidance on April 23, 2012, providing that applications filed under the 2008 H-2B Rule must be sent to the OFLC’s Chicago National Processing Center and postmarked no later than midnight April 26, 2012; and applications postmarked on or after April 27, 2012 will be adjudicated in accordance with the requirements described in the 2012 H–2B Final Rule.
However, on April 26, 2012, the U.S. District Court for the Northern District of Florida issued an order temporarily enjoining DOL from implementing or enforcing the 2012 H–2B Final Rule. Therefore DOL has, in its recent Guidance, informed that employers must file H–2B labor certification applications under the 2008 H–2B Rule, using the procedures and forms associated with the 2008 H–2B Rule. DOL has further informed that OFLC will post additional filing guidance.