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April 2015

USCIS Resumes Premium Processing For H-2B Petitions

Published: Thursday 23 April 2015

The federal district court in the Northern District of Florida has issued an order effectively permitting the US Department of Labour (DOL) to continue issuing temporary labour certifications under the H-2B visa program until 15th May. As a result, the DOL will now continue to process temporary labour certification applications under its 2008 H-2B regulations. The United States Citizenship and Immigration Services (USCIS) had announced a temporary suspension of premium processing for all H-2B petitions on 9th March. The H-2B working visa is a non-immigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in non-agricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence. This visa is also used for entertainers going on a tour, for film workers or professional minor league players. The petitioner must establish that the petitioner has not employed workers to perform the services or labour in the past and the petitioner will not need workers to perform the services in the future, or that it has an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary occurrence.