Immigration Law

Recent Posts

The Facebook Settlement Only Adds Contradictions
Posted on 1 Nov 2021 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, Nov. 1, 2021 "On October 19, 2021, the U.S. DOJ and DOL announced that they had reached separate settlement agreements with Facebook regarding the company’s purportedly discriminatory PERM labor certification... Read More

Tags: perm , Facebook , DOL , DOJ

Facebook Pays $14.25M to Settle PERM Beef
Posted on 19 Oct 2021 by Daniel M. Kowalski

DOJ, Oct. 19, 2021 "The U.S. Department of Justice and the U.S. Department of Labor today announced separate settlement agreements with Facebook regarding its use of the permanent labor certification program (PERM). The Justice Department’s... Read More

Tags: perm , Facebook , DOL , oflc , DOJ

DOLETA Posts Hurricane Ida Disaster Guidance FAQ
Posted on 1 Sep 2021 by Daniel M. Kowalski

DOL, Sept. 1, 2021 U.S. Department of Labor Employment and Training Administration OFFICE OF FOREIGN LABOR CERTIFICATION Hurricane Ida Frequently Asked Questions September 1, 2021 Read More

Tags: DOL

OFLC News (July 16, 2021)
Posted on 16 Jul 2021 by Daniel M. Kowalski

OFLC, July 16, 2021 1. OFLC Announces Relocation of the Office of Foreign Labor Certification's Atlanta National Processing Center; Change of Physical Mailing Address The Employment and Training Administration issued a Federal Register notice... Read More

DOL: Operative Date of Wage Regulation is Oct. 7, 2020
Posted on 30 Jun 2021 by Daniel M. Kowalski

DOL, June 29, 2021 OFLC Announces Updates to Implementation of the Final Rule Affecting Wages for H-1B and PERM Workers; District Court’s Order Vacating Final Rule "On June 23, 2021, the U.S. District Court for the Northern District of... 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

DOL Opines on H-1B "Secondary / Common-Law" Employers
Posted on 18 Jan 2021 by Daniel M. Kowalski

DOLETA, Jan. 15, 2021 - H-1B Program Bulletin Clarifying Filing Requirements for Labor Condition Applications by Secondary Employers at 20 C.F.R. §§ 655.715 and 655.730(a) DOLWHD, Jan. 15, 2021 - H-1B program obligations for common-law em... Read More

Tags: LCA , WHD , DOL , H-1B

DOL Final Rule Ignores Comments, Hikes PERM, H-1B, H-1B1 and E-3 Wages
Posted on 12 Jan 2021 by Daniel M. Kowalski

Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 - "In this final rule, the Department of Labor (the Department or DOL) adopts with changes an Interim Final Rule (IFR) that amended Employment and Training Administration (ETA) regulations... Read More

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

Court Nixes DOL Wage Rule, USCIS H-1B Rule: Chamber of Commerce v. DHS
Posted on 2 Dec 2020 by Daniel M. Kowalski

Chamber of Commerce v. DHS "The Court once again confronts a challenge to the Administration’s assertion that the H-1B visa program adversely affects American workers to such a degree that it must take immediate action. See Nat’l Ass’n... Read More

Tags: DOL , H-1B , USCIS , DHS

Angelo Paparelli on the New H-1B Rules: Rush to Judgment
Posted on 15 Oct 2020 by Daniel M. Kowalski

Angelo A. Paparelli, Oct. 13, 2020 Immigration Rush to Judgment – No Good Cause for New H-1B Rules in a Hurry " The U.S. Department of Labor (DOL) and Department of Homeland Security (DHS) last week affirmed the truth of the Upton Sinclair... Read More

DOL Announces $150M in ACWIA H-1B Grants
Posted on 28 Sep 2020 by Daniel M. Kowalski

DOL, Sept. 24, 2020 "The Employment and Training Administration (ETA), U.S. Department of Labor (DOL, or the Department, or we), announces the availability of up to $150 million in grant funds authorized under section 414(c) of the American Competitiveness... Read More

Tags: acwia , eta , DOL , H-1B

PERM News (June 16, 2020)
Posted on 16 Jun 2020 by Daniel M. Kowalski

OFLC, June 16, 2020 " OFLC Announces Extension of Issuance of Electronic PERM Labor Certifications Through September 30, 2020. On March 25, 2020, the Office of Foreign Labor Certification (OFLC) informed stakeholders that the Atlanta National... Read More

Tags: 9089 , perm , DOL , oflc

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

DOL Regulatory News (Guidance, BALCA, ARB)
Posted on 9 Mar 2020 by Daniel M. Kowalski

On Thursday, Mar. 5, 2020 DOL published this " Notice of Availability " in the Federal Register collecting "Guidance Documents." On Friday, Mar. 6, 2020 DOL published a " Direct Final Rule " and a Proposed Rule , both relating... Read More

Tags: balca , DOL