The federal appeals court in the District of Columbia has placed a temporary administrative stay on implementation of a recent Federal Motor Carrier Safety Administration (FMCSA) interim final rule that would limit issuance and renewal of commercial driver’s licenses (CDLs) for non-domiciled applicants individuals. Lujan, et al. v. Federal Motor Carrier Safety Administration, et al.
FMCSA Restricting Non-Domiciled Commercial Driver’s Licenses, Announces Interim Final Rule
The Federal Motor Carrier Safety Administration (FMCSA) has announced that it has strengthened requirements for issuance and renewal of commercial driver’s licenses (CDLs) for non-domiciled applicants individuals.
The FMCSA’s interim final rule limits issuance of non-domiciled CDLs to individuals with specific lawful employment-based nonimmigrant status categories (H-2A, H-2B, or E-2).
The rule also requires…
Navigating the New H-2A and H-2B Rule: What Employers and Workers Need to Know
The Department of Homeland Security (DHS) has issued a Final Rule for the H-2A and H-2B temporary worker programs that will become effective on Jan. 17, 2025.
The Rule is aimed at modernizing the regulations governing the H-2A and H-2B temporary worker programs — programs that are essential for U.S. employers seeking foreign labor for…
Nearly 65,000 H-2B Visas Released: What Employers Need to Know
The Department of Homeland Security has released an additional 64,716 H-2B temporary visas for non-agricultural workers. The additional visas will help employers in hospitality, tourism, landscaping, construction, seafood processing, and others that employ temporary seasonal workers.
Of the newly released visas, 44,716 are divided in three allocations (between Oct. 1, 2024, and Sept. 30, 2025)…
Mississippi Court Blocks DOL’s Grant of Organizing Protections to H-2A Farmworkers
On Nov. 25, 2024, the U.S. District Court for the Southern District of Mississippi blocked enforcement of the Department of Labor (DOL) rule granting organizing protections to farmworkers on temporary H-2A visas by entering a nationwide injunction.
The decision follows the August 26 ruling by a federal court in Georgia blocking enforcement of the DOL…
How to Navigate FLAG System Updated for New H-2A Farmworker Visa Rule and Court Order
The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District Court for the District of Southern Georgia. That order prevents the DOL from enforcing its new H-2A Farmworker Visa Rule against…
U.S. Embassy in Havana Restores Visa Services for 7 Work, Exchange Visas
- H – Temporary workers or trainees
- J – Exchange visitors
- L – Intracompany transferees
- O – Workers with extraordinary ability or achievement
- P
DOL: Indefinite Delay in FLAG System Update for New H-2A Farmworker Visa Rule
The Department of Labor (DOL) has decided to delay updating its Foreign Labor Application Gateway, or FLAG, case processing system to implement revised H-2A job order and application forms for the new 2024 Farmworkers Protection Final Rule until further notice. For now, H-2A job orders and applications will continue to be received and processed under…
Judge Blocks New DOL H-2A Farmworker Visa Rule in 17 States
Seventeen states joined in a suit in June to block the Department of Labor (DOL) from enforcing its new rule providing more protections to farmworkers employed as H-2A temporary visa holders. Now, Judge Lisa Godbey Wood of the U.S. District Court for the District of Southern Georgia has granted a preliminary injunction preventing the DOL…
Higher Enforcement Activity Expected After DOL-EEOC Partnership Agreement
The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) have announced they will be collaborating and sharing information to improve their enforcement efforts.
Based upon a Memorandum of Understanding (MOU), the agencies are “forming this partnership to encourage greater coordination between them through information sharing, joint investigations, training and outreach.” This…