Immigration Law

Recent Posts

Temp Firm Can't Revive Claims Against H-1B Workers, Citigroup
Posted on 7 May 2015 by Daniel M. Kowalski

From Law360, May 6, 2015 - "A New Jersey appellate court on Wednesday rejected a software services firm's appeals in separate contract suits against foreign workers — including one case also targeting Citigroup Inc. — because the... Read More

Latest DOL FAQ: H-1B, H-1B1, and E-3 Programs
Posted on 28 Mar 2012 by Daniel M. Kowalski

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 Read More

Tags: h-1bi , DOL , H-1B , faq , e-3

CA6 on J Waivers, H-1B, Back Wages: Kutty v. DOL
Posted on 20 Aug 2014 by Daniel M. Kowalski

"Dr. Mohan Kutty appeals the district court’s affirmance of the Department of Labor (DOL) Administrative Review Board’s (ARB) determination that he is personally liable for back wages, including expenses physicians hired by his clinics... Read More

New DOL FAQ re H-1B, H-1B1 and E-3 LCAs - July 31, 2015
Posted on 5 Aug 2015 by Daniel M. Kowalski

"The Office of Foreign Labor Certification has posted new and updated Labor Condition Application (LCA/ ETA Form 9035/9035E) Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 programs." [Dated July 31, 2015 ; posted by DOL Aug... Read More

Tags: LCA , eta , H-1B1 , DOL , H-1B , faq , e-3

Law360 - DOL OKs $15K Settlement In H-1B Wage Dispute: Matter of EBS Healthcare, Inc.
Posted on 17 Jan 2016 by Daniel M. Kowalski

Allissa Wickham, Law360, Jan. 15, 2016 - "EBS Healthcare Inc. will pay a foreign worker $15,000 to resolve claims it violated the H-1B visa program, the Labor Department said. Administrative Law Judge Adele Odegard signed off on the deal between... Read More

DOL Settlement in Prince George's County (Maryland) H-1B Case
Posted on 7 Oct 2011 by Daniel M. Kowalski

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... Read More

DOL Proposes Onerous Changes to LCA Process
Posted on 24 Jul 2012 by Daniel M. Kowalski

"The DOL now seeks to once again revise the scope of the information collected on the LCA citing, in its LCA supporting statement, a desire to improve its integrity review and ensure the accuracy and completeness of the information. On July 9, 2012... Read More

Tags: LCA , 9035 , DOL , H-1B

CA8 on DOL H-1B Investigative Authority - Greater Missouri Medical Pro-Care Providers, Inc. v. Perez
Posted on 14 Dec 2015 by Daniel M. Kowalski

GMM v. Perez, Dec. 14, 2015 - "Greater Missouri Medical Pro-Care Providers, Inc. (GMM) provides physical and occupational therapists to serve in hospitals, nursing homes, and similar facilities. GMM appeals the district court’s decision to... 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