Immigration Law

Recent Posts

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

Cap Reached for Additional H-2B Visas for FY 2019
Posted on 10 Jun 2019 by Daniel M. Kowalski

USCIS, June 7, 2019 "USCIS has received enough petitions to reach the additional maximum 30,000 visas made available for returning workers under the H-2B numerical limit (also called a cap) for fiscal year (FY) 2019. As previously announced ... Read More

Tags: USCIS , H-2B

OFLC Announces New H-2B Application Forms For Use Beginning July 3, 2019, and Schedule for Electronic Filing in the FLAG System
Posted on 7 Jun 2019 by Daniel M. Kowalski

OFLC, June 6, 2019 "The Office of Foreign Labor Certification (OFLC) has received OMB approval for revisions to the H-2B Application for Temporary Employment Certification (Form ETA-9142B) and corresponding appendices, and related forms and instructions... Read More

Tags: 9142 , oflc , flag , H-2B

DHS, DOL Post H-2B Rule (May 8, 2019)
Posted on 6 May 2019 by Daniel M. Kowalski

Here is an Advance Copy of the rule to be published on Wednesday, May 8, 2019. Read More

DOL H-2B Processing Changes Open for Comment (Mar. 4, 2019)
Posted on 2 Mar 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 Selection Procedures for Reviewing Applications Filed by Employers Seeking Temporary Employment of H–2B Foreign Workers in the United States " The Department of Labor’s (Department’s... Read More

Tags: DOL , oflc , H-2B

DOL to Revise H-2B Procedures
Posted on 27 Feb 2019 by Daniel M. Kowalski

DOL, Feb. 26, 2019 February 26, 2019. Department Announces Updates to its Procedures for Processing H-2B Applications for Temporary Labor Certification "The Department today announced updates to its procedures for processing H-2B applications... Read More

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

OFLC Issues H-2B Processing Announcement (Jan. 11, 2019)
Posted on 14 Jan 2019 by Daniel M. Kowalski

OFLC, Jan. 11, 2019 "In continuing to keep the public well-informed regarding submission and processing of H-2B Applications for Temporary Employment Certification and the iCERT system, the Department of Labor (the Department) has the following... Read More

Tags: H-2B

DOL on H-2B Processing (Jan. 8, 2019)
Posted on 9 Jan 2019 by Daniel M. Kowalski

DOL OFLC, Jan. 8, 2019 - "The Department of Labor's (DOL) Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders about the high volume of applications received... Read More

Tags: H-2B

Unprecedented H-2B Visa Demand Hits DOL
Posted on 8 Jan 2019 by Daniel M. Kowalski

DOL OFLC, Jan. 7, 2019 - " OFLC Issues Last Status Update Today on the iCERT System. LAST OPERATING STATUS : The Department's iCERT Rapid Response Team has continued to monitor the iCERT system, which has consistently been open for service... Read More

Tags: DOL , oflc , icert , H-2B

iCERT Update, Jan. 7, 2019
Posted on 7 Jan 2019 by Daniel M. Kowalski

OFLC, Jan. 7, 2019 OFLC Issues Step-by-Step Instructions for Emergency Backup H-2B Applications Filing Process if iCERT System Disruption Occurs. The iCERT system for application processing is scheduled to open at 2:00 p.m. EST on MONDAY, JANUARY... Read More

Tags: icert , H-2B

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

DOL Posts iCERT Notice (Jan. 2, 2019)
Posted on 2 Jan 2019 by Daniel M. Kowalski

DOL, Jan. 2, 2019 "The iCERT Portal System is currently unavailable. IMPORTANT ANNOUNCEMENT (Updated January 2, 2019, 12:00PM EST): Within the first five minutes of opening the semi-annual H-2B certification process on January 1, 2019, the U... Read More

Tags: DOL , oflc , icert , H-2B

DOL iCERT Website Crash Affects 33,000 H-2B Visas
Posted on 1 Jan 2019 by Daniel M. Kowalski

Employers vying for the 33,000 H-2B visas (for temporary, non-agricultural workers) with an April 1, 2019 start date were poised last night to e-file critical document packets at one nanosecond past midnight, EST. See: December 27, 2018. H-2B Application... Read More

Tags: DOL , oflc , icert , H-2B

DHS, DOL Add 15K H-2B Visas...But Only If Employers Attest to "Irreparable Harm" - UPDATED
Posted on 17 Jul 2017 by Daniel M. Kowalski

DHS, July 17, 2017 - "U.S. businesses in danger of suffering irreparable harm due to a lack of available temporary nonagricultural workers will be able to hire up to 15,000 additional temporary nonagricultural workers under the H-2B program under... Read More

  • 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...