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2012 H-2B Final Rule: DOL issues new Guidance in Federal Register
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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 H2B 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 OFLCs 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 H2B 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 H2B Final Rule. Therefore DOL has, in its recent Guidance, informed that employers must file H2B labor certification applications under the 2008 H2B Rule, using the procedures and forms associated with the 2008 H2B Rule. DOL has further informed that OFLC will post additional filing guidance.

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