Immigration Law

Recent Posts

H-2A Proposed Rule
Posted on 26 Jul 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 "The Department of Labor (Department or DOL) proposes to amend its regulations regarding the certification of temporary employment of nonimmigrant workers employed in temporary or seasonal... Read More

Tags: H-2A

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

H-2A News from OFLC (May 28, 2019)
Posted on 28 May 2019 by Daniel M. Kowalski

OFLC, May 28, 2019 "The H-2A Application for Temporary Employment Certification, Form ETA-9142A and Appendix A, and the Application for Prevailing Wage Determination, Form ETA-9141, are set to expire on May 31, 2019. The Department is seeking approval... Read More

Tags: H-2A

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

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

Record $2.8M Settlement Reached in Nevada H-2A Lawsuit: Rivera Rivera v. Peri & Sons Farms, Inc.
Posted on 17 Dec 2015 by Daniel M. Kowalski

Law360, Dec. 16, 2015 - "A Nevada federal judge signed off Tuesday on a $2.8 million settlement between an onion farm and H-2A visa workers who claimed they had been shorted on pay and weren’t reimbursed for travel and immigration-related expenses... Read More

Grenada Added to H-2A, H-2B Visa List
Posted on 18 Jan 2013 by Daniel M. Kowalski

"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... Read More

Tags: grenada , H-2B , H-2A

Advance Copy of H-2A Final Rule
Posted on 14 Oct 2015 by Daniel M. Kowalski

"The Department of Labor is issuing regulations to govern its certification of the employment of nonimmigrant workers in temporary or seasonal agricultural employment under the H-2A program. Specifically, these regulations establish standards and... Read More

Tags: final rule , H-2A

OFLC Deactivates 4 H-2A/B E-Mail Addresses
Posted on 5 Feb 2014 by Daniel M. Kowalski

"In order to implement the Department's IT modernization initiative and new cloud computing requirements, the OFLC Chicago National Processing Center (NPC) deactivated the following email boxes on February 3, 2014: H2A.Amend-Extend.Chicago... Read More

Tags: ofc , H-2B , H-2A

USCIS Grants Temporary Extension of Accommodation for Sheepherders in H-2A Status
Posted on 9 Apr 2012 by Daniel M. Kowalski

"U.S. Citizenship and Immigration Services (USCIS) announced today that it extended an accommodation for H-2A workers in the sheepherding industry to transition to the three-year limitation of stay requirements. USCIS will require H-2A sheepherders... Read More

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 Publishes 113-page H-2A Final Rule in FR
Posted on 16 Oct 2015 by Daniel M. Kowalski

Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 - "The Department of Labor is issuing regulations to govern its certification of the employment of nonimmigrant workers in temporary or seasonal agricultural employment under the H–2A... Read More

Tags: final rule , 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