Immigration Law

Recent Posts

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

H-2A Visa Temporary Final Rule
Posted on 17 Dec 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 244 / Friday, December 18, 2020 "As a result of continued disruptions and uncertainty to the U.S. food agriculture sector during the upcoming winter and spring agricultural seasons caused by the global novel Coronavirus... Read More

Tags: COVID-19 , H-2A

New OFLC Web Page for AEWR
Posted on 19 Nov 2020 by Daniel M. Kowalski

OFLC, Nov. 19, 2020 "On November 5, 2020, the Department of Labor (Department) published a final rule updating the methodology for determining hourly Adverse Effect Wage Rates (AEWR) for non-range agricultural occupations in the H-2A visa program... Read More

Tags: oflc , aewr , H-2A

H-2A Visa Wage Changes Coming
Posted on 4 Nov 2020 by Daniel M. Kowalski

Links to: the Nov. 2, 2020 FAQ the final rule , to be published in the Nov. 5, 2020 Fed. Reg. and effective 45 days after that the Nov. 2, 2020 DOL media release Read More

Tags: aewr , H-2A

USCIS Extends H-2A Visa Flexibility
Posted on 20 Aug 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 162 / Thursday, August 20, 2020 Temporary Changes to Requirements Affecting H–2A Nonimmigrants Due To the COVID–19 National Emergency: Partial Extension of Certain Flexibilities "As a result of continued... Read More

Tags: COVID-19 , H-2A

Advance Copy of H-2A Temporary Final Rule (effective Aug. 19, 2020)
Posted on 18 Aug 2020 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 08/20/2020. "As a result of continued disruptions and uncertainty to the U.S. food agriculture sector during the summer and upcoming fall agricultural season caused by the global... Read More

Tags: COVID-19 , USCIS , DHS , H-2A

H-2A Temporary Final Rule
Posted on 20 Apr 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 "As a result of disruptions and uncertainty to the U.S. food agriculture sector during the upcoming summer agricultural season caused by the global novel Coronavirus Disease 2019 (COVID–19... Read More

Tags: agriculture , H-2A

Advance Copy: H-2A Temporary Final Rule
Posted on 17 Apr 2020 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 04/20/2020 "As a result of disruptions and uncertainty to the U.S. food agriculture sector during the upcoming summer agricultural season caused by the global novel Coronavirus... Read More

Tags: COVID-19 , H-2A

DHS, USDA to Modify H-2A Rules to Protect Food Supply
Posted on 16 Apr 2020 by Daniel M. Kowalski

DHS, Apr. 15, 2020 "The Department of Homeland Security, with the support of the U.S. Department of Agriculture (USDA), has announced a temporary final rule to change certain H-2A requirements to help U.S. agricultural employers avoid disruptions... Read More

Tags: H-2A

OFLC Posts COVID-19 FAQ Round 3 (Apr. 9, 2020)
Posted on 9 Apr 2020 by Daniel M. Kowalski

OFLC, Apr. 9, 2020 "1. Due to the impact of the COVID-19 pandemic, can I move my H-1B workers to a new worksite that is located outside the area of intended employment on my certified Labor Condition Application? ... 2. Due to the impact of the... Read More

Tags: oflc , H-1B , COVID-19 , H-2A