Under the H2B Temporary Worker program, US employers are able to fill temporary positions open because of a one time occurrence, seasonal need, peak load or intermittent need.  The position must generally be for less than 1 year and the employer is required to demonstrate that there are no US citizen or Permanent Resident employees available to fill the position and that the employment of an H2B worker will not adversely affect the wage rates or working conditions of similarly situated US employees.

As part of the H2B application process, the employers must comply with prevailing wage determinations made by the Department of Labor.  In a lawsuit challenging the methodology used by the DOL to determine the prevailing wage rates, the Federal District Court in the Eastern District of Pennsylvania vacated a portion of the DOL’s wage methodology rule.  In response, USCIS suspended adjudication of H2B petitions while DOL revised its procedures.  As a result, all new H2B workers were placed on hold and employers were unable to fill these critical positions.

On April 24, 2013, the Department of Homeland Security and DOL published the revised procedures in the Federal Register and now the adjudication of H2B petitions has resumed.  To see the USCIS announcement, please click:  USCIS Resumes H2B Adjudication

To read the Dept of Labor’s H2B Program Information:  DOL H2B Program