Letter to Leon Rodriguez, Director of US Citizenship and Immigration Services, Portia Wu, Assistant Secretary of Employment & Training Administration - Resuming Processing of H-2B Visas

Letter

Mr. Leon Rodriguez
Director
U.S. Citizenship and Immigration Services
Department of Homeland Security

Ms. Portia Wu
Assistant Secretary
Employment & Training Administration
U.S. Department of Labor

Dear Director Rodriguez and Secretary Wu:

We understand that, effective March 5, 2015, U.S. Citizenship and Immigration Services (USCIS) and the United States Department of Labor (USDOL) have suspended their processing of applications for H-2B visas. We have been informed that USCIS and USDOL have taken this step because the U.S. District Court for the Northern District of Florida has entered judgment against USDOL in the case of Gabriel Perez v. Thomas E. Perez, case no. 3:14cv682/MCR/EMT.

As you know, the Perez decision found that USDOL had exceeded its delegated authority in approving the Final Rule dated December 19, 2008, published at 73 Fed. Reg. 78,020. Among other things, the court permanently restrained USDOL from enforcing that rule and entered judgment for Plaintiff Perez on his claims.

USCIS was not a party to this case, and it is apparent from the decision that USCIS is in no way restrained by the court's order and judgment. Moreover, the court's order only extends to the 2008 rule as published in Final at 73 Fed. Reg. 78,020.

Given the limited reach of the Perez decision, it does not present an impediment to USCIS or DOL in processing H-2B visa applications. There is no legal bar to USCIS accepting new H-2B applications which are supported by third-party wage surveys or by Occupational Employment Statistics wage levels.

Many Maine employers rely on H-2B workers. The unilateral delay you have imposed, if not promptly lifted, will create great hardship on these employers and limit the services they can provide to their customers and the general public. The economic impact on the state of Maine as well as across the country could be severe.

We are writing, therefore, to ask that you resume processing H2-B applications and that you do so immediately. Those applications that have been approved should be finalized and those that are pending should be put into a priority system and processed according to their merits.

We appreciate your prompt attention to this request and look forward to your favorable response. This matter is highly time-sensitive, and we ask for your immediate attention.

Source