U.S. District Court Issues Injunction, Orders Agencies to Resume Processing and Issuance of H-2B and Other Work Visas

October 02, 2020

Ruling Limits Applicability to Member Companies of Filing (Plaintiff) Organizations

 

An issue of interest to IAM members that the association has been following since this summer, yesterday afternoon, a U.S. District Court Judge issued a preliminary injunction (aka "halt") to the June Presidential Proclamation that suspended the entry of foreign nationals via H-2B and other temporary work visas. In its ruling, the Court determined that the Proclamation went beyond authority granted under the Immigration and Nationality Act (INA), by eliminating entire segments of legislatively-created visa categories, and was in violation of existing statute.  

 

While many IAM member companies have utilized the H-2B visa program to support their peak season and related efforts, the court's ruling was limited in applicability to member companies of the filing (plaintiff) organizations, which are listed below:

  • National Association of Manufacturers (NAM)
  • U.S. Chamber of Commerce
  • National Retail Federation (NRF)
  • TechNet

Under the ruling, the Department of Homeland Security and State Department are ordered to immediately resume processing and issuing H-2B, and a broad range of similar H and J-class temporary work visas. 

 

IAM will continue to closely follow this issue, and advise members of any changes or policies that would broaden the ruling's applicability or scope. If you have questions in the interim, please reach out to Bryan Vickers with IAM's Legislative and Regulatory team at bvickers@pacellp.com, 703-403-2882.