Immigration Law

Recent Posts

USCIS Reaches H-2B Cap for First Half of FY 2023
Posted on 14 Sep 2022 by Daniel M. Kowalski

USCIS, Sept. 14, 2022 "U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year (FY) 2023. Sept. 12,... Read More

Tags: USCIS , H-2B

OFLC Releases the H-2B Foreign Labor Recruiter List for Q3 of Fiscal Year 2022
Posted on 15 Aug 2022 by Daniel M. Kowalski

OFLC, Aug. 15, 2022 "The Office of Foreign Labor Certification (OFLC) has published an updated list of the names of foreign labor recruiters for the H-2B program as required by 20 CFR 655.9(c) . The list contains the name and location of persons... Read More

Tags: oflc , H-2B

2022 H-2B Visa News (July 12, 2022)
Posted on 12 Jul 2022 by Daniel M. Kowalski

OFLC, July 12, 2022 OFLC Publishes List of Randomized H-2B Applications Submitted July 3-5, 2022, for Employers Seeking H-2B Workers Starting October 1, 2022 To keep the public informed regarding the submission and assignment of H-2B applications... Read More

Tags: H-2B

Cap Reached for Additional Returning Worker H-2B Visas for Second Half of FY 2022
Posted on 31 May 2022 by Daniel M. Kowalski

USCIS, May 31, 2022 "Under the recently announced H-2B supplemental cap temporary final rule increasing the cap by up to 35,000 additional H-2B nonimmigrant visas through the end of fiscal year (FY) 2022, USCIS has received enough petitions to... Read More

Tags: H-2B

OFLC Clarifies Method of Contacting AFL-CIO
Posted on 27 May 2022 by Daniel M. Kowalski

OFLC, May 27, 2022 "The Department of Labor Clarifies Method of Contacting AFL-CIO Required Under the Rule Increasing the Number of H-2B Visas Available in the Second Half of Fiscal Year 2022 The U.S. Departments of Labor and Homeland Security... Read More

Tags: H-2B

Temporary H-2B Rule (May 18, 2022)
Posted on 18 May 2022 by Daniel M. Kowalski

Federal Register / Vol. 87, No. 96 / Wednesday, May 18, 2022 Exercise of Time-Limited Authority To Increase the Numerical Limitation for Second Half of FY 2022 for the H–2B Temporary Nonagricultural Worker Program and Portability Flexibility for... Read More

Tags: H-2B

DHS and DOL Announce Availability of Additional H-2B Visas for Second Half of Fiscal Year
Posted on 17 May 2022 by Daniel M. Kowalski

USCIS, May 16, 2022 "The Department of Homeland Security (DHS) and the Department of Labor (DOL) announced today the availability of an additional 35,000 H-2B temporary nonagricultural worker visas during the second half of fiscal year (FY) 2022... Read More

Tags: H-2B

Feds to Add 35K Additional H-2B Visas
Posted on 31 Mar 2022 by Daniel M. Kowalski

DHS, Mar. 31, 2022 "The Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced the forthcoming publication of a joint temporary final rule to make available an additional 35,000 H-2B temporary nonagricultural worker... Read More

Tags: H-2B

OFLC H-2B Webinar, Mar. 23, 2022
Posted on 21 Mar 2022 by Daniel M. Kowalski

OFLC, Mar. 18, 2022 "OFLC Announces a Webinar on March 23, 2022 to Provide H-2B Prevailing Wage Determination General Filing Tips and Survey Basics for Surveyors As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts... Read More

Tags: webinar , oflc , H-2B

H-2B Cap Reached for Second Half of FY 2022
Posted on 1 Mar 2022 by Daniel M. Kowalski

USCIS, Mar. 1, 2022 "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) 2022. Feb. 25, 2022, was the final receipt date for new cap-subject... Read More

Tags: USCIS , H-2B

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

DHS/DOL Add More H-2B Visas; Too Few, Too Late?
Posted on 27 Jan 2022 by Daniel M. Kowalski

DHS, Jan. 27, 2022 "The Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced the availability of 20,000 additional H-2B temporary nonagricultural worker visas for the first half of fiscal year (FY) 2022. These... Read More

Tags: H-2B

DOL Proposes H-2B Form Changes
Posted on 12 Jan 2022 by Daniel M. Kowalski

DOL, Jan. 12, 2022 "OFLC Announces 60-Day Public Comment Period on the Form ETA-9142B and Related Forms for the H-2B Temporary Non-agricultural Program The Employment and Training Administration (ETA) published a 60-day notice in the Federal... Read More

Tags: H-2B

DOL H-2B Lotto Results
Posted on 11 Jan 2022 by Daniel M. Kowalski

DOL, Jan. 7, 2022 "OFLC Publishes List of Randomized H-2B Applications Submitted January 1-3 for Employers Seeking H-2B Workers Starting April 1, 2022. To keep the public informed regarding the submission and assignment of H-2B applications for... Read More

Tags: H-2B

H-2B Visa Demand Overload
Posted on 4 Jan 2022 by Daniel M. Kowalski

DOL, Jan. 3, 2022 "During the first two days of the H-2B peak filing season, employers filed 6,943 applications in the Foreign Labor Application Gateway System requesting more than 120,879 worker positions with an April 1, 2022, or later, work... Read More

Tags: 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...