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USCIS Resumes Adjudication of All H-2B Petitions Following Publication of Interim Final Rule

USCIS has resumed processing of all Form I-129 H-2B petitions for temporary non-agricultural workers. On March 22, 2013, USCIS temporarily suspended adjudication of most Form I-129, Petition for Nonimmigrant Worker, H-2B petitions while the government considered appropriate action in response to the Court order in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa). The Court Order vacated a portion of the 2008 wage methodology rule dealing with the way the Department of Labor (DOL) determines the prevailing wage when relying on the Bureau of Labor Statistics' Occupational Employment Statistics (OES) survey, and provided the Department of Labor with 30 days to come into compliance. Interim Final Rule.