Immigration Law

Recent Posts

DOL on H-2B Peak Filing Season Window (July 3-5, 2021)
Posted on 23 Jun 2021 by Daniel M. Kowalski

DOL, June 23, 2021 - H-2B Application Filing Timelines for 2021 Peak Filing Season "The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the three-day filing window to submit an H-2B Application... Read More

Tags: H-2B

USCIS Runs Out of "Extra" H-2B Visas...in Five Days
Posted on 3 Jun 2021 by Daniel M. Kowalski

USCIS, June 3, 2021 "Under the recently announced H-2B supplemental cap temporary final rule, USCIS has received enough petitions to reach the cap for the additional 16,000 H-2B visas made available for returning workers only. We continue to accept... Read More

Tags: USCIS , H-2B

DOL/DHS Add 22K H-2B Visas
Posted on 21 May 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 05/25/2021 "The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising his time-limited Fiscal Year (FY) 2021 authority and increasing the... Read More

Tags: H-2B

DHS to Add 22K H-2B Visas
Posted on 20 Apr 2021 by Daniel M. Kowalski

DHS, Apr. 20, 2021 " ... In light of increased labor demands, DHS is announcing a supplemental increase of 22,000 visas for the H-2B Temporary Non-Agricultural Worker program. The additional visas will be made available in the coming months via... Read More

Tags: H-2B

H-2B Cap Reached for Second Half of FY 2021
Posted on 24 Feb 2021 by Daniel M. Kowalski

USCIS, Feb. 24, 2021 "U.S. Citizenship and Immigration Services has received enough petitions to meet the congressionally mandated H-2B cap for the second half of fiscal year (FY) 2021. Feb. 12, 2021, was the final receipt date for new cap-subject... Read More

Tags: USCIS , H-2B

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

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

H-2B Randomization Process Complete: DOL (Jan. 5, 2021)
Posted on 5 Jan 2021 by Daniel M. Kowalski

DOLETA, Jan. 5, 2021 "OFLC Conducts Randomization Process on H-2B Applications Submitted Requesting an April 1, 2021, Work Start Date The Office of Foreign Labor Certification has completed the randomization process to randomly assign all H-2B... Read More

Tags: oflc , H-2B

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

H-2B Visa Temporary Final Rule
Posted on 13 May 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 94 / Thursday, May 14, 2020 "As a result of disruptions and uncertainty to the U.S. economy and international travel caused by the global novel Coronavirus Disease 2019 (COVID-19) public health emergency, the Department... Read More

Tags: COVID-19 , H-2B

Additional H-2B Visas on Hold: DHS
Posted on 2 Apr 2020 by Daniel M. Kowalski

DHS, Apr. 2, 2020 "To clear up various misreporting – DHS’s rule on the H-2B cap is on hold pending review due to present economic circumstances. No additional H-2B visas will be released until further notice. Per the statute, H-2B... Read More

Tags: H-2B

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

H-2B Visa News from DHS
Posted on 6 Mar 2020 by Daniel M. Kowalski

DHS, Mar. 5, 2020 "Today, the Department of Homeland Security announced that it will take necessary anti-fraud and abuse measures to protect the integrity of the H-2B visa program and also make available 35,000 supplemental H-2B temporary nonagricultural... Read More

Tags: DHS , H-2B

H-2B Final Rule
Posted on 15 Nov 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 221 / Friday, November 15, 2019 "The Department of Homeland Security (DHS) and the Department of Labor (DOL) (collectively, the Departments), are jointly issuing this final rule to amend the regulations governing... Read More

Tags: H-2B

Court Sanctions Against USCIS Could Affect All Visa Adjudications
Posted on 26 Jun 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, June 25, 2019 "U.S. Magistrate Judge Joaquin V.E. Manibusan, Jr. has recommended to the U.S. District Court of Guam that a Motion for Contempt be granted and sanctions be ordered against U.S. Citizenship and Immigration... Read More

Tags: sanctions , Guam , H-1B , USCIS , H-2B
  • Blog Post: H-2B News Flash: Wage Hike Postponed

    H.R. 2112 , a.k.a. the 'minibus,' was signed into law on Friday, Nov. 18, 2011 by President Obama. Sec. 546 reads: "None of the funds made available by this or any other Act for fiscal year 2012 may be used to implement, administer, or enforce, prior to January 1, 2012, the rule entitled...
  • Blog Post: DOL speaks re H-2B prevailing wages; final rule; guidance

    Final rule ; delay of effective date. SUMMARY: The Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H–2B Program; Final Rule, 76 FR 3452, Jan. 19, 2011, (the Wage Rule) to January 1, 2012 in response to recently...
  • Blog Post: BALCA on H-2B PWD delays: Matter of Gulf Coast Crawfishing Supply

    "[I]t is clear that the Employer in this case made every effort to comply with Section 655.10(a)(2), but was simply unable to comply with the regulation and file its application in time for its season as a result of the NPWC’s delay in issuing the PWD. ... Employer’s noncompliance with...
  • Blog Post: Guilty plea in H-2B fraud scheme

    "Voisine knowingly submitted H2B application forms containing falsifications or misrepresentations to the U.S. Department of Labor in October 2007. The forms said Santa Cruz Management would employ 306 workers from the Philippines in the housekeeping industry at hotels and motels in the...
  • Blog Post: Advance Copy of DOL Final Rule: Delay of H-2B Wage Methodology Effective Date

    "The Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program (the Wage Rule) to October 1, 2012 in response to recently enacted legislation that prohibits any funds from being used to implement the Wage Rule...
  • Blog Post: Advance copy of DOL Guidance: H-2B Wage Methodology, Delay of Effective Date

    "This Notice provides additional guidance to those employers who have received from the Department either a supplemental or dual prevailing wage determinations based on a previous effective date of the new prevailing wage methodology. This guidance provides additional clarification regarding the...
  • Blog Post: DOL Final Rule and Guidance: H-2B Prevailing Wage Methodology Effective Date

    "The Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H–2B Program (the Wage Rule) to October 1, 2012 in response to recently enacted legislation that prohibits any funds from being used to implement the Wage...
  • 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 USCIS Notice: Countries eligible to send H-2A/B visa workers

    "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 the concurrence of the Secretary of State, has designated...
  • Blog Post: DHS Notice: Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H–2A and H–2B Nonimmigrant Worker Programs

    "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 the concurrence of the Secretary of State...
  • 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: DOL Schedules H-2B Webinars, Briefing

    "The Department has scheduled three webinars and one public briefing to educate stakeholders, program users, and other interested members of the public on changes to the H–2B program made by the H–2B Final Rule and on applying for H–2B temporary labor certifications under the new...
  • Blog Post: DOL H-2B Stakeholder Briefings: Instructions

    "The three public webinars will take place on Wednesday, March 14th; Tuesday, March 20th; and Tuesday, March 27th of 2012 from 1:30 pm to 4:00 pm Eastern Daylight Time. Each of the webinars will cover essentially the same information. The capacity of each webinar is limited to 200 concurrent participants...
  • 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: H-2B Transition News; Registration Grace Period

    "Employers who file H–2B applications with a start date of need before October 1, 2013 will not be required to obtain the pre-approved H–2B registration under 20 CFR 655.15, and the Department will continue to adjudicate temporary need during the processing of applications by reviewing...
  • 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: Free DOL H-2B Webinar Today

    "1:30 pm to 4:00 pm Eastern Daylight Time. ... The capacity of each webinar is limited to 200 concurrent participants and the ability to log in to a webinar session is established on a first-come, first-served basis. There is no pre-registration for the three webinars. Participants will be able...
  • Blog Post: Ohio Landscapers Fund Legal Challenge to New H-2B Rule

    "The Ohio Nursery & Landscape Association (ONLA) recently provided $5,000 to support a legal challenge to the H-2B program rule. This legal challenge, supported by many industries that will be adversely affected by the rule change, seeks to block the U.S. Department of Labor’s ...
  • 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 Pushes New H-2B Rule Trigger Date to April 27th

    "The Department is revising its guidance to clarify that the Final Rule will not be operative until April 27, 2012." - Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 .
  • Blog Post: Court Blocks H-2B Rule

    "The court thus finds that the plaintiffs have satisfied all of the elements required for the issuance of a preliminary injunction and that an order prohibiting enforcement of the rules regarding “Temporary Non-Agricultural Employment of H-2B Aliens in the United States,” as set forth...
  • Blog Post: DOL ETA Acknowledges H-2B Injunction

    "On April 26, 2012, the Temporary Non-agricultural Employment of H-2B Aliens in the United States, Final Rule, 77 FR 10038, Feb. 21, 2012 was preliminarily enjoined by the U.S. District Court for Northern District of Florida, Pensacola Division in Bayou Lawn & Landscape Services, et...
  • 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...