Immigration Law

Recent Posts

DHS Notice: H-2 Visa Program Country List (Jan. 18, 2019)
Posted on 18 Jan 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 13 / Friday, January 18, 2019 "Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may generally only approve petitions for H–2A and H–2B nonimmigrant... Read More

Tags: visas , H-2B , H-2A

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

WHD Field Assistance Bulletin 2012-3: General Guidance on Voluntary Assignments of Wages under the H-2A Program
Posted on 17 May 2012 by Daniel M. Kowalski

" The U.S. Department of Labor Wage and Hour Division (WHD) has published Field Assistance Bulletin 2012-3: General Guidance on Voluntary Assignments of Wages under the H-2A Program . This Bulletin provides guidance to WHD staff about certain enforcement... Read More

Accommodation Granted for Certain H-2A Sheepherders
Posted on 21 Mar 2012 by Daniel M. Kowalski

"U.S. Citizenship and Immigration Services (USCIS) announced today that it extended an accommodation for H-2A workers in the sheepherding industry to transition to the three-year limitation of stay requirements. USCIS will require H-2A sheepherders... Read More

CA10 on FLSA, H-2A, Quantum Meruit - Saenz Mencia v. Allred
Posted on 14 Dec 2015 by Daniel M. Kowalski

Saenz Mencia v. Allred, Dec. 14, 2015 - "Mr. Saenz, a citizen of Peru, came to Utah to work for the Allreds’ sheep ranch. His work was authorized by an H-2A sheepherding visa, and he was paid the minimum wage for H-2A sheepherders: $750 per... Read More

DOL to Publish H-2A Final Rule
Posted on 13 Oct 2015 by Daniel M. Kowalski

Official DOL links as posted Oct. 13, 2015 to: Final Rule as submitted to OFR Major Points and FAQs, Implementation Round 1 Read More

Tags: final rule , H-2A

Advance Copy of DOL H-2A Prevailing Wages; Correction
Posted on 27 Mar 2013 by Daniel M. Kowalski

"The Department of Labor (we or the Department) is issuing this notice to correct a previous announcement of prevailing wage rates covering the employment of certain temporary or seasonal nonimmigrant foreign workers (H-2A workers) and certain domestic... Read More

DOL Proposed Rule for H-2A Herders
Posted on 15 Apr 2015 by Daniel M. Kowalski

Temporary Agricultural Employment of H–2A Foreign Workers in the Herding or Production of Livestock on the Open Range in the United States; Proposed Rule - Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 . Read More

DOL: FY 2013 New H-2A Adverse Effect Wage Rates (AEWRs)
Posted on 8 Jan 2013 by Daniel M. Kowalski

"The Department has published a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state based on the Farm Labor Survey conducted by the U.S. Department of Agriculture. The AEWRs are the minimum hourly wage rates... Read More

Tags: DOL , aewr , H-2A

H-2A Interim Final Rule
Posted on 8 Feb 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 - "This interim final rule revises Department of Homeland Security regulations to eliminate the nonimmigrant visa exemption for certain Caribbean residents seeking to come to the United... Read More

Tags: Caribbean , H-2A

DOS H-2A Interim Final Rule
Posted on 4 Feb 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 - "As a result of this rule, a passport and a visa will be required of a British, French, or Netherlands national, or of a national of Antigua, Barbados, Grenada, Jamaica, or Trinidad... Read More

Advance Copy of List of Countries Eligible to Send H-2A/B Workers
Posted on 16 Jan 2014 by Daniel M. Kowalski

"Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with... Read More

Tags: list , notice , DHS , countries , H-2B , H-2A

Colorado H-2A Sheepherders' Lawsuit Alleges Wage Fixing: Llacua v. Western Range Assoc.
Posted on 2 Sep 2015 by Daniel M. Kowalski

"The industry is not shy in viewing shepherds less as employees with legal rights and more as indentured servants who should be subject to even criminal sanction if they refuse to work. One sheep rancher and MPAS member recently introduced a state... Read More

DOL Notice: H-2A Allowable Charges
Posted on 22 Feb 2015 by Daniel M. Kowalski

"The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this Notice to announce (1) the allowable charges for 2015 that employers seeking H–2A workers may charge their workers when the employer provides... Read More

Tags: eta , charges , DOL , notice , H-2A

Advance Copy of DOL Notice: Electronic Filing of H-2A and H-2B Labor Certification Applications through the iCERT Visa Portal System
Posted on 26 Sep 2012 by Daniel M. Kowalski

"The Employment and Training Administration (ETA) is announcing the implementation of electronic filing for the submission of nonimmigrant temporary labor certification applications under the H-2A and H-2B visa programs through the Department of... Read More

Tags: e-filing , efiling , H-2B , H-2A