Immigration Law

Recent Posts

DOL Will Sort H-2B Applications Down to the Millisecond - Federal Register (July 2, 2018)
Posted on 2 Jul 2018 by Daniel M. Kowalski

Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 - "For H–2B applications filed on or after July 3, 2018, OFLC will sequentially assign H–2B applications to analysts based on the calendar date and time on which the applications... Read More

Tags: H-2B

Editor's Corner: Can OFLC Overrule BALCA by FAQ? (On the Meaning of H-2B 'Worksite')
Posted on 5 Oct 2016 by Daniel M. Kowalski

Daniel M. Kowalski, Oct. 5, 2016 - "On April 15, 2016, BALCA held that for H-2B visa truckers, "[t]here is only one opening for full-time employment and it is where the trucking terminal is located. There is no “job opportunity”... Read More

Tags: balca , worksite , kowalski , faq , H-2B

Those Magical Re-Appearing H-2B Visas!
Posted on 5 Jun 2015 by Daniel M. Kowalski

"On June 5, 2015, USCIS will reopen the congressionally mandated fiscal year (FY) 2015 cap and will accept Form I-129, Petition for a Nonimmigrant Worker, requesting new H-2B workers with an employment start date between April 1 and September 30... Read More

Tags: cap , 2015 , H-2B

DOL Posts Emergency H-2B Guidance
Posted on 30 Dec 2015 by Daniel M. Kowalski

DOL, Dec. 29, 2015 - " The 2016 Department of Labor Appropriations Act, (Division H, Title I of Public Law 114-113) (2016 DOL Appropriations Act) which was signed into law on December 18, 2015, contains several provisions impacting the Office of... Read More

Tags: guidance , H-2B

Will H-2B Circuit Split End Up at Supreme Court?
Posted on 9 Nov 2015 by Daniel M. Kowalski

The U.S. Courts of Appeal for the Tenth and Eleventh Circuits see the H-2B program very differently. Compare G.H. Daniels v. Perez (CA10) with Bayou Lawn v. DOL (CA11). Read More

Tags: daniels , ca11 , bayou , ca10 , H-2B

New H-2B Regs Hold Some Hurdles For Small Businesses
Posted on 29 Apr 2015 by Daniel M. Kowalski

"The U.S. Department of Homeland Security and the U.S. Department of Labor released new H-2B visa regulations Tuesday after previous versions were struck down by a federal judge, and attorneys say small changes to the regulations could make the program... Read More

Signal Intl. LLC Files for Ch. 11 to Settle H-2B Trafficking Lawsuit - Law360
Posted on 13 Jul 2015 by Daniel M. Kowalski

Law360, July 13, 2015 - " Oil and gas service and shipbuilding company Signal International LLC and several affiliates filed for Chapter 11 protection late Sunday in Delaware with a deal in hand that aims to resolve contentious litigation, including... Read More

Federal Jury Awards $14 Million to Indian Guest Workers Victimized in Labor Trafficking Scheme by Gulf Coast Shipyard, Agents
Posted on 19 Feb 2015 by Daniel M. Kowalski

"A federal jury in an SPLC case today awarded $14 million in compensatory and punitive damages to five Indian guest workers who were defrauded and exploited in a labor trafficking scheme engineered by a Gulf Coast marine services company, an immigration... Read More

Landscaping Groups Sue Over New H-2B Regulations - Law360
Posted on 3 Jun 2015 by Daniel M. Kowalski

Allissa Wickham, Law360, June 2, 2015 - "Several landscape businesses and groups launched a suit in Florida federal court Monday challenging brand-new regulations for the H-2B program issued by the U.S. Department of Labor and U.S. Department of... Read More

USCIS Reaches the H-2B Cap for the First Half of Fiscal Year 2016
Posted on 22 Mar 2016 by Daniel M. Kowalski

USCIS, Mar. 21, 2016 - "USCIS has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of Fiscal Year (FY) 2016. March 15, 2016 was the final receipt date for new H-2B worker petitions requesting... Read More

Tags: cap , USCIS , H-2B

In Wed., Apr. 29, 2015 Federal Register, New H-2B Rules
Posted on 28 Apr 2015 by Daniel M. Kowalski

Here are links to advance copies of the joint DHS/DOL Interim Final Rule on H-2Bs , and the DOL Final Rule on H-2B Prevailing Wage calculation, both set for publication in the Federal Register on Wednesday, Apr. 29, 2015. Read More

Signal International, LLC to Pay $5 Million to Settle EEOC Race, National Origin Lawsuit
Posted on 18 Dec 2015 by Daniel M. Kowalski

EEOC, Dec. 18, 2015 - "Signal International, LLC, a Mobile, Ala. ship building and repair company, will pay an estimated $5 million to 476 Indian guest workers to settle a race and national origin discrimination lawsuit filed by the U.S. Equal Employment... Read More

BREAKING: Stay Granted in Perez v. Perez H-2B Litigation
Posted on 18 Mar 2015 by Daniel M. Kowalski

"Defendants’ Unopposed Motion for Limited Relief from the Vacatur Order and Judgment (Doc. 16) is GRANTED. It is further ordered that the Court’s Injunction Order dated March 4, 2015 (Doc. 14) is STAYED or otherwise held in abeyance until... Read More

Tags: stay , Perez , H-2B

USCIS Resumes H-2B Adjudications; Premium Processing Remains Suspended
Posted on 18 Mar 2015 by Daniel M. Kowalski

"Today, March 17, 2015, the Department of Homeland Security (DHS) will resume adjudications of H-2B petitions, but will continue to suspend premium processing until further notice. Monday, March 16, 2015 the Department of Labor (DOL) filed an... Read More

Tags: stay , motion , Perez , USCIS , H-2B

Five Countries Added to H-2A, H-2B List: Federal Register
Posted on 16 Dec 2014 by Daniel M. Kowalski

"The Secretary of Homeland Security has determined, with the concurrence of the Secretary of State, that 63 countries previously designated in the January 17, 2014 notice continue to meet the standards identified in that notice for eligible countries... Read More

Tags: list , countries , H-2B , H-2A