Dear Director Rodriguez:
Thank you for taking the time to speak with me last week regarding the suspension of H-2B visa petitions as a result of the recent decision by the U.S. District Court for the Northern District of Florida. Our conversation was productive and I appreciate your understanding the serious nature of the problem.
As I mentioned during our call, I believe that the Department of Homeland Security (DHS) has full authority under the Immigration and Nationality Act (INA) to process H-2B petitions in consultation with the Department of Labor (DOL), even though DOL's regulations have been vacated. I appreciate your willingness to review your regulations and the INA to determine the best course of action so that you may begin processing petitions as soon as possible.
I am very concerned that if a solution is not implemented immediately the employers and employees who rely on the H-2B program will suffer irreparable harm. Much of the work done by the employers in my district who use the H-2B program is seasonal and a prolonged suspension of the processing of petitions will cause them to miss an entire season of work.
Again, thank you for taking the time to speak with me about this important issue. I look forward to working with you to find a solution.
Sincerely,