Immigration Law

Recent Posts

DOL ETA OFLC Restores Wage Rule
Posted on 13 Dec 2021 by Daniel M. Kowalski

DOL, Dec. 13, 2021 "The Employment and Training Administration’s (ETA) Office of Foreign Labor Certification (OFLC) has issued a final rule informing the public that OFLC is amending the Code of Federal Regulations (CFR), at 20 CFR 655.731... 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

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

Notice of Availability of Funds and Solicitation for Grant Applications for H–1B Ready to Work Partnership Grants
Posted on 26 Feb 2014 by Daniel M. Kowalski

"The Employment and Training Administration (ETA), U.S. Department of Labor (the Department), announces the availability of approximately $150 million in funds for the H–1B Ready to Work Partnership (Ready to Work) grant program. The Department... Read More

Tags: eta , grant , DOL , H-1B , ready to work

DOL Clears Infosys, Closes Investigation - Reuters
Posted on 10 Sep 2015 by Daniel M. Kowalski

Sarah N. Lynch, Reuters, Sept. 8, 2015 - "The U.S. Labor Department has cleared Infosys Ltd of any wrongdoing and closed its investigation after American technology workers at Southern California Edison complained their jobs were wrongfully outsourced... Read More

Tags: DOL , tata , labor , H-1B , infosys , hcl

DOL to Ramp Up Fraud Probes of H Visa Programs
Posted on 7 Jun 2017 by Daniel M. Kowalski

Sarah N. Lynch, Reuters, June 6, 2017 - "The U.S. Labor Department said on Tuesday it is stepping up efforts to root out potential fraud in its visa programs for foreign workers, a move that will include increases in both civil investigations as... Read More

Tags: DOL , labor , Fraud , H-1B , acosta , H-2B , H-2A

After DOL Wage & Hour Investigation, Company Pays $740K in Back Wages to H-1B Workers
Posted on 21 Jun 2012 by Daniel M. Kowalski

"Semafor Technologies LLC in Norcross has agreed to pay 73 employees $741,288 in back wages following an investigation by the U.S. Department of Labor’s Wage and Hour Division that found violations of the H-1B visa program, which allows nonimmigrants... Read More

DOL's Investigative Powers Limited: In re Volt Management
Posted on 21 Jun 2016 by Daniel M. Kowalski

Administrator, Wage and Hour Division, v. Volt Management, June 16, 2016 - "The Administrator of the United States Department of Labor’s Wage and Hour Division (the Administrator) initiated this matter after Sergey Nefedyev complained of wages... Read More

How a Single Complaint Can Lead to an H-1B Investigation - Cora-Ann V. Pestaina
Posted on 31 Dec 2015 by Daniel M. Kowalski

Cora-Ann V. Pestaina, Dec. 31, 2015 - " A recent U.S. Court of Appeals decision in Greater Missouri Medical Pro-Care Providers, Inc. ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), is worth noting as it addressed the issue of how much latitude... Read More

Latest DOL FAQ: H-1B, H-1B1, and E-3 Programs
Posted on 28 Mar 2012 by Daniel M. Kowalski

U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification Frequently Asked Questions H-1B, H-1B1, and E-3 Programs March 27, 2012 Read More

Tags: h-1bi , DOL , H-1B , faq , e-3

CA6 on J Waivers, H-1B, Back Wages: Kutty v. DOL
Posted on 20 Aug 2014 by Daniel M. Kowalski

"Dr. Mohan Kutty appeals the district court’s affirmance of the Department of Labor (DOL) Administrative Review Board’s (ARB) determination that he is personally liable for back wages, including expenses physicians hired by his clinics... Read More

New DOL FAQ re H-1B, H-1B1 and E-3 LCAs - July 31, 2015
Posted on 5 Aug 2015 by Daniel M. Kowalski

"The Office of Foreign Labor Certification has posted new and updated Labor Condition Application (LCA/ ETA Form 9035/9035E) Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 programs." [Dated July 31, 2015 ; posted by DOL Aug... Read More

Tags: LCA , eta , H-1B1 , DOL , H-1B , faq , e-3