Immigration Law

Recent Posts

H-2A Final Rule (Advance Copy)
Posted on 6 Oct 2022 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 10/12/2022 "The Department of Labor (Department or DOL) is amending its regulations governing the certification of agricultural labor or services to be performed by temporary... Read More

Tags: H-2A

OFLC Announces 30-Day Public Comment Period for Draft H-2A Frequently Asked Questions Guidance on Temporary or Seasonal Need
Posted on 26 Sep 2022 by Daniel M. Kowalski

OFLC, Sept. 26, 2022 "The Employment and Training Administration’s Office of Foreign Labor Certification (OFLC) has published a notice in the Federal Register announcing draft Frequently Asked Questions (FAQs) guidance for the H-2A temporary... Read More

Tags: H-2A

Court Axes 2020 H-2A Wage Rule: United Farm Workers v. DOL
Posted on 5 Apr 2022 by Daniel M. Kowalski

United Farm Workers v. DOL "On November 5, 2020, the Department of Labor (“DOL”) promulgated a Final Rule that amended the regulations governing the Adverse Effect Wage Rate (“AEWR”) calculation methodology. Adverse Effect... Read More

Tags: aewr , H-2A

OFLC Annual Update, H-2 Meal Charges, Reimbursements
Posted on 23 Feb 2022 by Daniel M. Kowalski

OFLC, Feb. 23, 2022 "Office of Foreign Labor Certification Publishes Annual Update to Allowable Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement, Including Lodging The Employment and Training Administration... Read More

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

H-2A FAQ: Wage Disclosure and Calculation Requirements on Agricultural Clearance Orders
Posted on 29 Dec 2021 by Daniel M. Kowalski

DOL, Dec. 29, 2021 "ETA is issuing these FAQs to remind SWAs that they are obligated under the Wagner-Peyser Act regulations at 20 CFR 653.501 to check an employer’s piece rate offer, estimated in hourly wage rate equivalents for each activity... Read More

Tags: H-2A

2022 H-2A AEWR News (Dec. 15, 2021)
Posted on 15 Dec 2021 by Daniel M. Kowalski

DOL ETA, Dec. 15, 2021 Office of Foreign Labor Certification Publishes 2022 H-2A Monthly Adverse Effect Wage Rate (AEWR) for Herding or Production of Livestock on the Range The Employment and Training Administration has published a notice in the... Read More

Tags: aewr , H-2A

Non-Range H-2A AEWR NPRM
Posted on 1 Dec 2021 by Daniel M. Kowalski

Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 "The Department of Labor (Department or DOL) is proposing to amend its regulations governing the certification of agricultural labor or services to be performed by temporary foreign... Read More

Tags: aewr , H-2A

H-2A News (USDA FLS Report)
Posted on 26 Nov 2021 by Daniel M. Kowalski

DOL, Nov. 24, 2021 "On November 24, 2021, the United States Department of Agriculture (USDA) issued the Farm Labor Survey (FLS) report in which it established the average annual wage rates, by region and the United States, for field and livestock... Read More

Tags: aewr , H-2A

Advance Copy of H-2A/B Country List
Posted on 9 Nov 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 11/10/2021 "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... Read More

Tags: H-2B , H-2A

OFLC on Court-Ordered H-2A Backpay (July 6, 2021)
Posted on 6 Jul 2021 by Daniel M. Kowalski

OFLC, July 6, 2021 "On December 23, 2020, the U.S. District Court for the Eastern District of California issued an order in United Farm Workers, et al. v. DOL, et al. , No. 20-cv-01690, enjoining the Department of Labor (Department or DOL) from... Read More

Tags: H-2A

H-2A Proposed Rule, Request for Comments
Posted on 5 May 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 05/06/2021 "The Department of Labor (the Department) proposes to amend its regulations regarding the adjudication of temporary need for employers seeking herding or production... Read More

Tags: H-2A

H-2s From South Africa May Qualify For NIEs
Posted on 29 Jan 2021 by Daniel M. Kowalski

State Department, Jan. 28, 2021 "H-2A and certain H-2B travelers covered by the Presidential Proclamation of January 25, 2021 titled Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose... 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

2021 H-2 Visa Countries Listed
Posted on 13 Jan 2021 by Daniel M. Kowalski

USCIS, Jan. 12, 2021 "The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), have announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2021. The... Read More

Tags: H-2B , H-2A

Judge Blocks H-2A Wage Freeze: UFW v. DOL
Posted on 28 Dec 2020 by Daniel M. Kowalski

Maria Dinzeo, CNS, Dec. 24, 2020 "Farm workers won an eleventh-hour reprieve from a Department of Labor rule that would freeze their wages for the next two years. The new rule published by the Labor Department last month locks in at 2019 levels... Read More

Tags: aewr , H-2A