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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.