Immigration Law

Recent Posts

DOLETA Posts Hurricane Ida Disaster Guidance FAQ
Posted on 1 Sep 2021 by Daniel M. Kowalski

DOL, Sept. 1, 2021 U.S. Department of Labor Employment and Training Administration OFFICE OF FOREIGN LABOR CERTIFICATION Hurricane Ida Frequently Asked Questions September 1, 2021 Read More

Tags: DOL

OFLC News (July 16, 2021)
Posted on 16 Jul 2021 by Daniel M. Kowalski

OFLC, July 16, 2021 1. OFLC Announces Relocation of the Office of Foreign Labor Certification's Atlanta National Processing Center; Change of Physical Mailing Address The Employment and Training Administration issued a Federal Register notice... Read More

DOL: Operative Date of Wage Regulation is Oct. 7, 2020
Posted on 30 Jun 2021 by Daniel M. Kowalski

DOL, June 29, 2021 OFLC Announces Updates to Implementation of the Final Rule Affecting Wages for H-1B and PERM Workers; District Court’s Order Vacating Final Rule "On June 23, 2021, the U.S. District Court for the Northern District of... Read More

DOL Withdraws Rule, Guidance, Bulletin
Posted on 21 Jan 2021 by Daniel M. Kowalski

DOL, Jan. 20, 2021 U.S. Department of Labor Withdraws Forthcoming H-2A Temporary Agricultural Program Rule for Review On January 15, 2021, the U.S. Department of Labor (Department) announced and posted on the Office of Foreign Labor Certification’s... Read More

Tags: DOL , H-1B , H-2A

DOL Opines on H-1B "Secondary / Common-Law" Employers
Posted on 18 Jan 2021 by Daniel M. Kowalski

DOLETA, Jan. 15, 2021 - H-1B Program Bulletin Clarifying Filing Requirements for Labor Condition Applications by Secondary Employers at 20 C.F.R. §§ 655.715 and 655.730(a) DOLWHD, Jan. 15, 2021 - H-1B program obligations for common-law em... Read More

Tags: LCA , WHD , DOL , H-1B

DOL Final Rule Ignores Comments, Hikes PERM, H-1B, H-1B1 and E-3 Wages
Posted on 12 Jan 2021 by Daniel M. Kowalski

Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 - "In this final rule, the Department of Labor (the Department or DOL) adopts with changes an Interim Final Rule (IFR) that amended Employment and Training Administration (ETA) regulations... Read More

Another Power Grab by DOL: "Discretionary Review" of H-2B BALCA Cases
Posted on 31 Dec 2020 by Daniel M. Kowalski

Hedging bets, simultaneous publication of a " direct final rule " and a proposed rule on Jan. 4, 2021: "The Department of Homeland Security and the Department of Labor (DOL) are jointly issuing this direct final rule to extend DOL’s... Read More

Tags: balca , DOL , DHS , H-2B

Court Nixes DOL Wage Rule, USCIS H-1B Rule: Chamber of Commerce v. DHS
Posted on 2 Dec 2020 by Daniel M. Kowalski

Chamber of Commerce v. DHS "The Court once again confronts a challenge to the Administration’s assertion that the H-1B visa program adversely affects American workers to such a degree that it must take immediate action. See Nat’l Ass’n... Read More

Tags: DOL , H-1B , USCIS , DHS

DOL Announces $150M in ACWIA H-1B Grants
Posted on 28 Sep 2020 by Daniel M. Kowalski

DOL, Sept. 24, 2020 "The Employment and Training Administration (ETA), U.S. Department of Labor (DOL, or the Department, or we), announces the availability of up to $150 million in grant funds authorized under section 414(c) of the American Competitiveness... Read More

Tags: acwia , eta , DOL , H-1B

PERM News (June 16, 2020)
Posted on 16 Jun 2020 by Daniel M. Kowalski

OFLC, June 16, 2020 " OFLC Announces Extension of Issuance of Electronic PERM Labor Certifications Through September 30, 2020. On March 25, 2020, the Office of Foreign Labor Certification (OFLC) informed stakeholders that the Atlanta National... Read More

Tags: 9089 , perm , DOL , oflc

DOL H-2B Visa News (Mar. 9, 2020)
Posted on 10 Mar 2020 by Daniel M. Kowalski

1. " OFLC Issues Frequently Asked Questions Related to the H-2B Supplemental Visa Allocation Announcement by Department of Homeland Security for the Second Half of Fiscal Year 2020. The Office of Foreign Labor Certification (OFLC) has released... Read More

Tags: DOL , oflc , island holdings , faq , DHS , H-2B

DOL Regulatory News (Guidance, BALCA, ARB)
Posted on 9 Mar 2020 by Daniel M. Kowalski

On Thursday, Mar. 5, 2020 DOL published this " Notice of Availability " in the Federal Register collecting "Guidance Documents." On Friday, Mar. 6, 2020 DOL published a " Direct Final Rule " and a Proposed Rule , both relating... Read More

Tags: balca , DOL

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
  • 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...