# Temporary Non-agricultural Employment of H-2B Aliens in the United States
> **Wage and Hour Division** · Guidance. · Published 2012-05-16 · Effective 2012-05-16 · 77 FR 28764
## Document
- **Document number:** 2012-11859
- **Category:** wage-hour
- **Sub-agency:** Wage and Hour Division
- **Federal Register citation:** 77 FR 28764
- **CFR reference:** 20 CFR 655
- **Publication date:** 2012-05-16
- **Effective date:** 2012-05-16
## Abstract

The Department of Labor (the Department) is providing notice of the judicial order enjoining the Department from implementing and enforcing the Temporary Non-agricultural Employment of H-2B Aliens in the United States, published February 21, 2012 (the 2012 H-2B Final Rule). The 2012 H-2B Final Rule revised the requirements by which employers seeking H-2B workers apply for a temporary labor certification for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. The effective date of the 2012 H-2B Final Rule was April 23, 2012. The operative date of the 2012 H-2B Final Rule was April 27, 2012. This document provides guidance to the regulated community of the injunction, by judicial order, of the 2012 H-2B Final Rule and the continuing effectiveness of the 2008 H-2B Rule until such time as further judicial or other action suspends or otherwise nullifies the order in the Bayou II litigation.

## Source
- [Federal Register document](https://www.federalregister.gov/documents/2012/05/16/2012-11859/temporary-non-agricultural-employment-of-h-2b-aliens-in-the-united-states)
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