Immigration Law

Recent Posts

More H-2A Listening Sessions
Posted on 29 Nov 2022 by Daniel M. Kowalski

OFLC, Nov. 25, 2022 "The U.S. Department of Labor previously announced that it intends to engage in additional rulemaking concerning the H-2A visa program for temporary agricultural employment of foreign workers. The Department will consider new... Read More

Tags: oflc , H-2A

OFLC Posts H-2A Prevailing Wage Surveys FAQ (Nov. 21, 2022)
Posted on 22 Nov 2022 by Daniel M. Kowalski

OFLC, Nov. 21, 2022 2022 H-2A Final Rule FAQs Prevailing Wage Surveys "On October 12, 2022, the Department of Labor (the Department) published a final rule promulgating regulations governing the certification of employment of nonimmigrant workers... Read More

OFLC H-2A Webinar, Nov. 17, 2022
Posted on 10 Nov 2022 by Daniel M. Kowalski

OFLC, Nov. 9, 2022 Department of Labor Announces a Stakeholder Webinar on the 2022 H-2A Final Rule Filing and Processing Updates to be Held on November 17, 2022 On November 17, 2022, the Department of Labor’s Office of Foreign Labor Certification... Read More

Tags: webinar , oflc , H-2A

List of H-2A/B Visa Countries (Advance Notice)
Posted on 9 Nov 2022 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 11/10/2022 "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... Read More

Tags: H-2B , H-2A

H-2A FAQ Round 2 (Oct. 25, 2022)
Posted on 25 Oct 2022 by Daniel M. Kowalski

OFLC, Oct. 25, 2022 - H-2A Final Rule FAQs Round 2: Job Order Filing and Processing October 25, 2022 Read More

Tags: oflc , H-2A

DOL to Host H-2A Webinar on Oct. 27, 2022
Posted on 24 Oct 2022 by Daniel M. Kowalski

DOL : "On October 27, 2022, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2A program made by the H-2A 2022 Final Rule. Participants of... Read More

Tags: DOL , webinar , oflc , H-2A

H-2A Final Rule
Posted on 12 Oct 2022 by Daniel M. Kowalski

The Department of Labor Publishes Final Rule Revising its Regulations on the H-2A Application and Temporary Labor Certification Process "The U.S. Department of Labor has published a final rule, Temporary Agricultural Employment of H-2A Nonimmigrants... Read More

Tags: H-2A

OFLC Announces 30-Day Public Comment Period for Draft H-2A Frequently Asked Questions Guidance on Temporary or Seasonal Need
Posted on 26 Sep 2022 by Daniel M. Kowalski

OFLC, Sept. 26, 2022 "The Employment and Training Administration’s Office of Foreign Labor Certification (OFLC) has published a notice in the Federal Register announcing draft Frequently Asked Questions (FAQs) guidance for the H-2A temporary... Read More

Tags: H-2A

H-2A Sheepherders in Colorado: NYT
Posted on 23 Sep 2022 by Daniel M. Kowalski

Miriam Jordan, New York Times, Sept. 23, 2022 "Mr. Mendoza, 46, has spent most of the past decade living in these rugged, remote mountains, herding sheep raised for wool and meat from spring to fall. “You live in complete solitude, just you... Read More

Tags: H-2A

H-2A Sheepherders File Sherman Act Class Action: Alvarado v. WRA
Posted on 6 Jun 2022 by Daniel M. Kowalski

Leah Douglas, Reuters, June 2, 2022 "Sheep herders in the U.S. West have banded together to sue their employers, accusing them of operating an illegal cartel that artificially suppresses their wages, according to court documents filed Wednesday... Read More

Court Axes 2020 H-2A Wage Rule: United Farm Workers v. DOL
Posted on 5 Apr 2022 by Daniel M. Kowalski

United Farm Workers v. DOL "On November 5, 2020, the Department of Labor (“DOL”) promulgated a Final Rule that amended the regulations governing the Adverse Effect Wage Rate (“AEWR”) calculation methodology. Adverse Effect... Read More

Tags: aewr , H-2A

OFLC Annual Update, H-2 Meal Charges, Reimbursements
Posted on 23 Feb 2022 by Daniel M. Kowalski

OFLC, Feb. 23, 2022 "Office of Foreign Labor Certification Publishes Annual Update to Allowable Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement, Including Lodging The Employment and Training Administration... Read More

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

H-2A FAQ: Wage Disclosure and Calculation Requirements on Agricultural Clearance Orders
Posted on 29 Dec 2021 by Daniel M. Kowalski

DOL, Dec. 29, 2021 "ETA is issuing these FAQs to remind SWAs that they are obligated under the Wagner-Peyser Act regulations at 20 CFR 653.501 to check an employer’s piece rate offer, estimated in hourly wage rate equivalents for each activity... Read More

Tags: H-2A

2022 H-2A AEWR News (Dec. 15, 2021)
Posted on 15 Dec 2021 by Daniel M. Kowalski

DOL ETA, Dec. 15, 2021 Office of Foreign Labor Certification Publishes 2022 H-2A Monthly Adverse Effect Wage Rate (AEWR) for Herding or Production of Livestock on the Range The Employment and Training Administration has published a notice in the... Read More

Tags: aewr , H-2A

Non-Range H-2A AEWR NPRM
Posted on 1 Dec 2021 by Daniel M. Kowalski

Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 "The Department of Labor (Department or DOL) is proposing to amend its regulations governing the certification of agricultural labor or services to be performed by temporary foreign... Read More

Tags: aewr , H-2A