Immigration Law

Recent Posts

H-2A Proposed Rule, Request for Comments
Posted on 19 Jul 2019 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 07/26/2019. "The Department of Labor (Department or DOL) proposes to amend its regulations regarding the certification of temporary employment of nonimmigrant workers employed... Read More

Tags: DOL , H-2A

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 to Crack Down on H-2A Violators in Oklahoma; Watermelon Growers First Target
Posted on 12 Apr 2015 by Daniel M. Kowalski

"Agriculture plays a significant role in Oklahoma's economy, with nearly 80,000 farms contributing to the state's production and providing jobs for thousands of workers. Farmworkers play an essential role in producing our nation's food... Read More

Notice to Stakeholders Regarding H-2A Certifications - DOL, Oct. 21, 2013
Posted on 21 Oct 2013 by Daniel M. Kowalski

"As a result of the unique perishable nature of agricultural commodities in the H-2A program, OFLC will temporarily (for a period not to exceed 30 days) implement the following mailing procedure: Upon certification of an H-2A application, the... Read More

DOL issues new H-2A FAQ
Posted on 7 Dec 2011 by Daniel M. Kowalski

"To assist prospective H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has posted a fourth round of Frequently Asked Questions (FAQ) providing clarifications on background check, contract... Read More

Tags: DOL , faq , H-2A

New iCERT FAQ for H-2A, H-2B
Posted on 4 Dec 2012 by Daniel M. Kowalski

"The Department has posted the first round of Frequently Asked Questions (FAQs) addressing the implementation of electronic filing in the H-2B and H-2A labor certification programs through the Department's iCERT Visa Portal System. The FAQs are... Read More

Tags: DOL , faq , icert , H-2B , H-2A

DOL on Post-Certification Corporate Restructuring, Successor in Interest (H-2A)
Posted on 25 Jan 2016 by Daniel M. Kowalski

DOL posted this FAQ on Jan. 22, 2016 . Though the FAQ is nominally limited to the H-2A context, it would not be surprising if DOL applied similar reasoning in other H visa contexts. Read More

DOL: FY 2013 New Prevailing Wage Rates for Certain Occupations Processed Under H-2A Special Procedures
Posted on 8 Jan 2013 by Daniel M. Kowalski

"The Department has published a notice in the Federal Register establishing new prevailing wage rates for certain occupations processed under H-2A special procedures. The wage rates established by this Federal Register notice apply only to the following... Read More

DOL posts new H-2A Employer Guide
Posted on 14 Dec 2011 by Daniel M. Kowalski

"To assist prospective H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has posted a new Employer Guide for Participating in the H-2A Temporary Agricultural Program. This guide summarizes and... Read More

DOL: FY 2013 New H-2A Adverse Effect Wage Rates (AEWRs)
Posted on 8 Jan 2013 by Daniel M. Kowalski

"The Department has published a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state based on the Farm Labor Survey conducted by the U.S. Department of Agriculture. The AEWRs are the minimum hourly wage rates... Read More

Tags: DOL , aewr , H-2A

Advance copy of DOL notice: 2012 AEWRs for H-2A
Posted on 21 Dec 2011 by Daniel M. Kowalski

"The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2012 Adverse Effect Wage Rates (AEWRs) for the employment of temporary or seasonal nonimmigrant foreign workers to perform... Read More

Tags: DOL , aewr , H-2A

DOL Expands E-Mail Notification Program for H-2A, H-2B Stakeholders
Posted on 26 Mar 2012 by Daniel M. Kowalski

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... Read More

Tags: DOL , email , H-2B , H-2A

DOL Enhances iCERT for H-2A/B Filers
Posted on 29 Aug 2016 by Daniel M. Kowalski

DOL, Aug. 26, 2016 - " ETA Announces iCERT System Enhancement to Streamline the H-2A and H-2B Processes for Employers: Electronic Submission of Supporting Documentation Post-Filing ETA has implemented a new enhancement to the iCERT System related... Read More

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

Court Imposes Deadlines on DOL for H-2A, H-2B RFIs: International Labor Management Corp. v. Perez
Posted on 21 May 2014 by Daniel M. Kowalski

"Employers using the H-2A and H-2B guestworker programs may get some relief from government-caused delays following a recent federal court decision holding that the Labor Department must follow the statutory and regulatory time frames for issuing... Read More

DOL Launches H-2A Ombudsman Program
Posted on 8 Mar 2012 by Daniel M. Kowalski

"As part of the Department’s continuing commitment to strengthening the H-2A Temporary Agricultural Program, the OFLC has established an Ombudsman Program whose primary purpose is to facilitate the fair and equitable resolution of concerns... Read More

Tags: ombudsman , DOL , H-2A