Immigration Law

Recent Posts

H-2A Proposed Rule, Request for Comments
Posted on 19 Jul 2019 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 07/26/2019. "The Department of Labor (Department or DOL) proposes to amend its regulations regarding the certification of temporary employment of nonimmigrant workers employed... Read More

Tags: DOL , H-2A

DHS, DOL Post H-2B Rule (May 8, 2019)
Posted on 6 May 2019 by Daniel M. Kowalski

Here is an Advance Copy of the rule to be published on Wednesday, May 8, 2019. Read More

DOL H-2B Processing Changes Open for Comment (Mar. 4, 2019)
Posted on 2 Mar 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 Selection Procedures for Reviewing Applications Filed by Employers Seeking Temporary Employment of H–2B Foreign Workers in the United States " The Department of Labor’s (Department’s... Read More

Tags: DOL , oflc , H-2B

DOL to Revise H-2B Procedures
Posted on 27 Feb 2019 by Daniel M. Kowalski

DOL, Feb. 26, 2019 February 26, 2019. Department Announces Updates to its Procedures for Processing H-2B Applications for Temporary Labor Certification "The Department today announced updates to its procedures for processing H-2B applications... Read More

Unprecedented H-2B Visa Demand Hits DOL
Posted on 8 Jan 2019 by Daniel M. Kowalski

DOL OFLC, Jan. 7, 2019 - " OFLC Issues Last Status Update Today on the iCERT System. LAST OPERATING STATUS : The Department's iCERT Rapid Response Team has continued to monitor the iCERT system, which has consistently been open for service... Read More

Tags: DOL , oflc , icert , H-2B

iCERT Updates from DOL (Jan. 3, 2019)
Posted on 4 Jan 2019 by Daniel M. Kowalski

DOL Office of Foreign Labor Certification Jan. 3, 2019: OFLC Issues Status Update on Availability of the iCERT System The iCERT system for application processing is tentatively scheduled to open at 2:00 p.m. EST on MONDAY, JANUARY 7, 2019. The Department... Read More

Tags: DOL , oflc , icert , H-2B , H-2A

DOL Posts iCERT Notice (Jan. 2, 2019)
Posted on 2 Jan 2019 by Daniel M. Kowalski

DOL, Jan. 2, 2019 "The iCERT Portal System is currently unavailable. IMPORTANT ANNOUNCEMENT (Updated January 2, 2019, 12:00PM EST): Within the first five minutes of opening the semi-annual H-2B certification process on January 1, 2019, the U... Read More

Tags: DOL , oflc , icert , H-2B

DOL iCERT Website Crash Affects 33,000 H-2B Visas
Posted on 1 Jan 2019 by Daniel M. Kowalski

Employers vying for the 33,000 H-2B visas (for temporary, non-agricultural workers) with an April 1, 2019 start date were poised last night to e-file critical document packets at one nanosecond past midnight, EST. See: December 27, 2018. H-2B Application... Read More

Tags: DOL , oflc , icert , H-2B

Does the New H-2B Rule Solve the Problem?
Posted on 24 Apr 2013 by Daniel M. Kowalski

Leland E. Beck writes : "The Department of Homeland Security (DHS) and the Department of Labor (DOL) moved quickly – perhaps too quickly – to resolve legal authority issues raised by recent court decisions vacating low-skilled worker... Read More

Ohio Drywall Firm Pays Over $268K for FLSA, H-2B Violations
Posted on 14 Aug 2013 by Daniel M. Kowalski

"The U.S. Department of Labor’s Wage and Hour Division investigated Gem Interiors Inc. and found violations of the Fair Labor Standards Act and the H-2B temporary nonimmigrant visa program. The company agreed to pay $126,944 to 95 drywall installers... Read More

DOL Posts Foreign Labor Certification Annual Report for FY 2015
Posted on 2 Nov 2016 by Daniel M. Kowalski

DOL, Nov. 1, 2016 - " The 2015 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification, and Temporary Nonimmigrant Labor Certification for FY 2015. The report also contains State Employment-Based... Read More

DOL's Investigative Powers Limited: In re Volt Management
Posted on 21 Jun 2016 by Daniel M. Kowalski

Administrator, Wage and Hour Division, v. Volt Management, June 16, 2016 - "The Administrator of the United States Department of Labor’s Wage and Hour Division (the Administrator) initiated this matter after Sergey Nefedyev complained of wages... Read More

How a Single Complaint Can Lead to an H-1B Investigation - Cora-Ann V. Pestaina
Posted on 31 Dec 2015 by Daniel M. Kowalski

Cora-Ann V. Pestaina, Dec. 31, 2015 - " A recent U.S. Court of Appeals decision in Greater Missouri Medical Pro-Care Providers, Inc. ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), is worth noting as it addressed the issue of how much latitude... Read More

DOL Issues New H-2A/B FAQs
Posted on 4 Oct 2016 by Daniel M. Kowalski

DOL, Oct 4, 2016 - " H-2B Interim Final Rule FAQs Round 17 - The Department of Labor has published a seventeenth round of Frequently Asked Questions (FAQs) related to the filing and processing of H-2B Applications for Temporary Employment Certification... Read More

Tags: DOL , faq.h-2a , H-2B

DOL Looks at Revising ETA Forms
Posted on 4 Aug 2017 by Daniel M. Kowalski

OFLC, Aug. 3, 2017 - "In accordance with the Secretary's June 6, 2017 News Release , which called for proposed form changes to better protect American workers, confront fraud, and increase transparency, the Department of Labor published a 60... Read More

Tags: 9035 , eta forms , DOL , oflc
  • Blog Post: DOL Refuses to Budge on Delayed Prevailing Wage Determinations

    "Yesterday, in a stakeholders meeting, U.S. Department of Labor Certifying Officer Bill Carlson indicated that DOL would deny all PERM applications filed late because of delayed Prevailing Wage Determinations, and also those filed without a determination. Dr. Carlson seemed oblivious to...
  • Blog Post: DOL Releases 2010 Foreign Labor Certification Annual Report

    "The Department has released its Foreign Labor Certification Annual Report . The 2010 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification and Temporary Nonimmigrant Labor Certification for FY 2010. In addition, this report contains...
  • Blog Post: DOL Settlement in Prince George's County (Maryland) H-1B Case

    Issue Date: 20 September 2011 Case No.: 2011-LCA-00026 In the Matter of ADMINISTRATOR, WAGE AND HOUR DIVISION, et al., Prosecuting Parties, v. BOARD OF EDUCATION of PRINCE GEORGE’S COUNTY, Respondent. DECISION AND ORDER APPROVING SETTLEMENT AGREEMENT [Over $4M in wages, plus $100K civil...
  • Blog Post: FAQ: Prevailing Wage Determinations for College and University Teachers

    Must a prevailing wage determination be obtained from the National Prevailing Wage Center (NPWC) if the employer is filing an application for a college or university teacher under the optional recruitment and documentation procedures provision? Yes, a prevailing wage determination must be obtained...
  • Blog Post: DOL Releases Updated 2010 Foreign Labor Certification Annual Report

    "An updated version of the OFLC 2010 Annual Report has been prepared. You can view this report by clicking here ." - DOL, Oct. 12, 2011.
  • Blog Post: Recent DOL OFLC News

    October 24, 2011 The Department of Labor is working to incorporate new and/or revised Standard Occupational Classification (SOC) codes into the Permanent (PERM) Program online application system. Until the new codes are fully integrated, filers may experience situations where the new and...
  • Blog Post: Revised DOL FAQ: Job Requirements/Duties Beyond Those Considered Normal For The Occupation

    FAQ: Job Requirements/Duties Beyond Those Considered Normal For The Occupation Does informing the National Prevailing Wage Center (NPWC) on a prevailing wage request (ETA Form 9141) that the job contains requirements not normal to the occupation meet an employer's obligation to inform the Department...
  • Blog Post: DOL issues new H-2A FAQ

    "To assist prospective H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has posted a fourth round of Frequently Asked Questions (FAQ) providing clarifications on background check, contract impossibility, and surety bond requirements for...
  • Blog Post: DOL posts new H-2A Employer Guide

    "To assist prospective H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has posted a new Employer Guide for Participating in the H-2A Temporary Agricultural Program. This guide summarizes and explains key regulatory requirements for a U...
  • Blog Post: Warning from DOL: No UPS delivery on Friday, Dec. 23, 2011

    "United Parcel Service (UPS) announced that they will not be providing delivery or pick-up services on Friday, December 23, 2011. The public is encouraged to submit their correspondence timely to the Chicago National Processing Center, being mindful of the holiday schedule if using UPS....
  • Blog Post: Advance copy of DOL notice: 2012 AEWRs for H-2A

    "The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2012 Adverse Effect Wage Rates (AEWRs) for the employment of temporary or seasonal nonimmigrant foreign workers to perform agricultural labor or services (H-2A workers...
  • Blog Post: DOL E-Mailbox for H-2B Prevailing Wage Questions

    "Please submit questions regarding the H-2B Wage Rule to the following e-mail box (established by the Department specifically for this purpose) H2Bwagerule@dol.gov ." - DOL, Dec. 30, 2011 .
  • Blog Post: Advance Copy of New H-2B Final Rule

    "The Department of Labor (the Department) is amending its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This Final...
  • Blog Post: New H-2B Rule Effective Apr. 23, 2012

    Links to the DOL Press Release , a site containing the Rule and many detailed Fact Sheets , and a New York Times article .
  • Blog Post: H-2B Final Rule in today's Federal Register. How will it affect employers?

    http://www.gpo.gov/fdsys/pkg/FR-2012-02-21/pdf/2012-3058.pdf
  • Blog Post: First Quarter FY12 Labor Cert Data Online

    "The following case disclosure files cover determinations issued between October 1, 2011 through December 31, 2011. A small percentage of determinations are subject to change in subsequent quarterly releases due to appeal or redetermination decisions on employer applications." - DOL,...
  • Blog Post: DOL Launches H-2A Ombudsman Program

    "As part of the Department’s continuing commitment to strengthening the H-2A Temporary Agricultural Program, the OFLC has established an Ombudsman Program whose primary purpose is to facilitate the fair and equitable resolution of concerns that arise within the H-2A Program community...
  • Blog Post: DOL H-2B News

    From the DOL website on Mar. 19, 2012: "On March 14, 2012, the Department held the first in a series of three webinars intended to educate program users, and other stakeholders on the changes to the H-2B program made by the H-2B Final Rule (published on February 21, 2012). The Department is...
  • Blog Post: DOL Expands E-Mail Notification Program for H-2A, H-2B Stakeholders

    From DOL : March 26, 2012. H-2A Email Notification Program Expanded The Chicago National Processing Center has announced that it will be expanding its E-Mail Notification Program to all H-2A stakeholders who elect to participate in the program. In addition, all H-2A employers who elect to...
  • Blog Post: Latest DOL FAQ: H-1B, H-1B1, and E-3 Programs

    U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification Frequently Asked Questions H-1B, H-1B1, and E-3 Programs March 27, 2012
  • Blog Post: DOL: H-2B FAQ, Round 1

    "On March 14th, 20th and 27th, the Department conducted three webinars intended to educate program users and other interested stakeholders on the requirements of the 2012 H-2B Final Rule. Today the Department posted Round 1 of Frequently Asked Questions (FAQs). The FAQs are largely based...
  • Blog Post: DOL ETA Releases New 9142, Appendix B.1 for H-2Bs

    In anticipation of the Apr. 23rd launch date of the new H-2B final rule DOL has released revised ETA Form 9142 and Appendix B.1 .
  • Blog Post: DOL ETA News, May 14, 2012

    May 14, 2012 : "The Department of Labor has posted a revised Frequently Asked Question (FAQ) regarding the Permanent (PERM) Program and the consequences of withdrawing an application in Supervised Recruitment. This FAQ is available here and on the FAQs page of the OFLC website under...
  • Blog Post: DOL Launches H-2B Ombudsman Program

    "The H-2B Ombudsman Program is here to facilitate the fair and equitable resolution of concerns that arise within the H-2B filing community, by conducting independent and impartial inquiries into issues related to the administration of the H-2B program. The H-2B Ombudsman Program also identifies...
  • Blog Post: Revised DOL FAQ on ETA 9089

    [Question] - "If the employer will accept an alternate combination of education and experience and the acceptable number of years is other than a whole number, how can the employer inform the Department of the acceptable number of years on the ETA Form 9089? The field wherein the number...