Immigration Law

Recent Posts

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

OFLC Issues H-2B Processing Announcement (Jan. 11, 2019)
Posted on 14 Jan 2019 by Daniel M. Kowalski

OFLC, Jan. 11, 2019 "In continuing to keep the public well-informed regarding submission and processing of H-2B Applications for Temporary Employment Certification and the iCERT system, the Department of Labor (the Department) has the following... Read More

Tags: H-2B

DOL on H-2B Processing (Jan. 8, 2019)
Posted on 9 Jan 2019 by Daniel M. Kowalski

DOL OFLC, Jan. 8, 2019 - "The Department of Labor's (DOL) Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders about the high volume of applications received... Read More

Tags: H-2B

Unprecedented H-2B Visa Demand Hits DOL
Posted on 8 Jan 2019 by Daniel M. Kowalski

DOL OFLC, Jan. 7, 2019 - " OFLC Issues Last Status Update Today on the iCERT System. LAST OPERATING STATUS : The Department's iCERT Rapid Response Team has continued to monitor the iCERT system, which has consistently been open for service... Read More

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

iCERT Update, Jan. 7, 2019
Posted on 7 Jan 2019 by Daniel M. Kowalski

OFLC, Jan. 7, 2019 OFLC Issues Step-by-Step Instructions for Emergency Backup H-2B Applications Filing Process if iCERT System Disruption Occurs. The iCERT system for application processing is scheduled to open at 2:00 p.m. EST on MONDAY, JANUARY... Read More

Tags: icert , H-2B

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 Posts iCERT Notice (Jan. 2, 2019)
Posted on 2 Jan 2019 by Daniel M. Kowalski

DOL, Jan. 2, 2019 "The iCERT Portal System is currently unavailable. IMPORTANT ANNOUNCEMENT (Updated January 2, 2019, 12:00PM EST): Within the first five minutes of opening the semi-annual H-2B certification process on January 1, 2019, the U... Read More

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

DOL iCERT Website Crash Affects 33,000 H-2B Visas
Posted on 1 Jan 2019 by Daniel M. Kowalski

Employers vying for the 33,000 H-2B visas (for temporary, non-agricultural workers) with an April 1, 2019 start date were poised last night to e-file critical document packets at one nanosecond past midnight, EST. See: December 27, 2018. H-2B Application... Read More

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

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

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

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

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

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

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