Gary W. Black COMMISSIONER The Honorable Jeh Jo hn so n Secre tary STATE OF GEORGIA DEPARTMENT OF AGRICULTURE March 13 ,20 15 U.S. Department of Homeland Security Washington , D.C. 20528 Dear Secretary John so n: ..-...;, = en ::a: ):::. ::::v N Cfl u ::!:: w CJ1 c.n C") c-o!e -< 5-: Tl; !"t l XC: · "' ·::u ("")17- cn c-; 1'1,-r; ("") -· < fTI CJ I have rece ntly been made aware that the U.S. Department of Homeland Sec urity (DHS) and the U.S. Departme nt of Labor ( DOL) have halted the process ing of applicat i ons for the H-2B temporary wo rker program as a result o fth e ruling in Perez v. Perez, No. 3:14-cv-682. This program is v ital to the operations of businesses throughout the U.S. A particul ar case in Georgia is that of Mr. . Mr. business. , is located in the rural cou nty of Rabun. Mr. has grown hi s business over the past 41 yea rs to servi ce thousands of farrns both foreign and domes ti c. His operat ions n ow require close to I 00 workers. only 8 of whic h he is able to source locally. The decision to stop acce pting applications is a drama ti c overco rrec ti on to a ru li ng that merely states that DOL has no formal authority to prescribe regulations for the 1-128 program. DHS and DOL shou ld consider the impac t this decision has on bus in esses such as Mr. , w hose operations have cease d as a r esu lt. T he trust of o ur c it ize ns s uff ers whe n gove rnment make s decisio ns of th is size and scope without r ega rd for the de triment of those a ff ec ted. !urge DHS a nd DOL to wo rk ex pediently and i ss ue an e mergency rule to resu me the H2B program. In turn. I will co ntinue to work with our del ega ti on to s eek a l egis lative remedy. I loo k forward to coope rating with your agency. If you shoul d require anything of me, please do not hes itate to contac t me or any member of my staff.
Transcript
Gary W. Black COMMISSIONER
The Honorable Jeh Johnson Secretary
STATE OF GEORGIA
DEPARTMENT OF AGRICULTURE
March 13,20 15
U.S. Department of Homeland Security Washington, D.C. 20528
I have recently been made aware that the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) have halted the processing of applications for the H-2B temporary worker program as a result o fthe ruling in Perez v. Perez, No. 3: 14-cv-682.
This program is vital to the operations of businesses throughout the U.S. A particular case in Georgia is that of Mr. . Mr. business. , is located in the rura l county of Rabun. Mr. has grown his busi ness over the past 41 years to service thousands of farrns both foreign and domestic. His operations now require close to I 00 workers. on ly 8 of which he is able to source locally.
T he decision to stop accepting appl ications is a dramatic overcorrection to a ru li ng that merely states that DOL has no formal authority to prescribe regulat ions for the 1-128 program. DHS and DOL should consider the impact this decision has on bus inesses such as Mr. , whose operations have ceased as a resu lt.
T he trust of our c it izens suffers when government makes decisions of th is size and scope without regard for the detriment of those a ffected. !urge DHS and DOL to work expedient ly and issue an emergency rule to resume the H2B program. In tu rn. I will continue to work with our delegation to seek a legislative remedy.
I look forward to cooperating wi th your agency. If you should require anything of me, please do not hesitate to contact me or any member of my staff.
The Honorable Jeh Johnson Secretary U.S. Department of Homeland Security Washington DC 20528
March 31, 2015
The Honorable Gary W. Black Commissioner Georgia Department of Agriculture 19 Martin Luther King, Jr. Drive, SW Atlanta, GA 30334
Dear Commissioner Black:
U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Office of the Director (MS 2000) Washington, DC 20529-2000
/.Q~ ~-~t~\ U.S. Citizenship (~~tl and Immigration ~~~ Services
Thank you for your correspondence to Secretary Johnson regarding the continued operation of the H-2B temporary nonagricultural worker program. The Secretary asked that I respond to your letter.
As you are aware, on March 4, 2015, the U.S. District Court for the Northern District of Florida, in the case of Perez v. Perez, No. 3:14-cv-682, vacated U.S. Department of Labor (DOL) regulations from 2008 governing the H-2B program. The court vacated those regulations on the ground that DOL lacks authority under the Immigration and Nationality Act to engage in unilateral legislative rulemaking concerning the H-2B program. The court further vacated and enjoined DOL from enforcing the rule, and DOL was forced to immediately discontinue processing applications for temporary labor certifications in the program. The Department of Homeland Security (DHS) suspended H-2B adjudications while it reviewed and assessed the district court's decision.
DOL and DHS share your interest in the continued operation of the H-2B program and have taken prompt actions to address the problem. On March 16, 2015, DOL filed an unopposed motion to stay the district court's order until April15, 2015. The court granted that motion on March 18, 2015. As a result, DOL immediately resumed issuing labor certifications and prevailing wage determinations under the 2008 H-2B rule. The court has since taken further action that has stayed its order while it reviews pleadings recently submitted concerning this litigation. DOL has published frequently asked questions on its website at www.foreignlaborcert.doleta.gov in order to assist employers and other stakeholders in understanding the scope and effects ofthe court's order.
In addition, in conjunction with the filing of DOL's motion on March 17, 2015, DHS resumed adjudications ofH-2B petitions based on temporary labor certifications previously issued by DOL. Given the volume of cases received during the current suspension ofH-2B adjudications, DHS has suspended premium processing ofH-2B petitions until further notice. Once DHS has completed data entry of the pending petitions and reassessed its ability to deliver appropriate levels of service to premium and non-premium filings, DHS will determine when to accept new premium processing requests.
www.uscis.gov
The Honorable Gary W. Black Page2
DOL and DHS are also moving expeditiously to fill the regulatory gap resulting from the district court's order. The Departments intend to promulgate a joint interim final rule by the end of April.
Thank you again for your letter. DOL and DHS will continue to keep the affected public informed of developments with respect to the H-2B program.
