Immigration Law

Recent Posts

H-2B Visa Temporary Final Rule
Posted on 13 May 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 94 / Thursday, May 14, 2020 "As a result of disruptions and uncertainty to the U.S. economy and international travel caused by the global novel Coronavirus Disease 2019 (COVID-19) public health emergency, the Department... Read More

Tags: COVID-19 , H-2B

"We Just Can't Leave. We Are Stuck."
Posted on 15 Apr 2020 by Daniel M. Kowalski

Jason Blevins, The Colorado Sun, Apr. 14, 2020 "When Gov. Jared Polis ordered the state’s ski areas to close on March 14, he also launched Ana Panessi into a frantic race to get home. It was a race she did not win. “So many people... Read More

Additional H-2B Visas on Hold: DHS
Posted on 2 Apr 2020 by Daniel M. Kowalski

DHS, Apr. 2, 2020 "To clear up various misreporting – DHS’s rule on the H-2B cap is on hold pending review due to present economic circumstances. No additional H-2B visas will be released until further notice. Per the statute, H-2B... Read More

Tags: H-2B

GAO on H-2B
Posted on 2 Apr 2020 by Daniel M. Kowalski

GAO, Apr. 1, 2020 "H-2B visas are intended to help employers fill certain jobs (i.e. landscaping, seafood processing) when no U.S. workers are available. The number of visas is capped and they're generally first come, first served. Employers... Read More

Tags: H-2B

DOL H-2B Visa News (Mar. 9, 2020)
Posted on 10 Mar 2020 by Daniel M. Kowalski

1. " OFLC Issues Frequently Asked Questions Related to the H-2B Supplemental Visa Allocation Announcement by Department of Homeland Security for the Second Half of Fiscal Year 2020. The Office of Foreign Labor Certification (OFLC) has released... Read More

Tags: DOL , oflc , island holdings , faq , DHS , H-2B

H-2B Visa News from DHS
Posted on 6 Mar 2020 by Daniel M. Kowalski

DHS, Mar. 5, 2020 "Today, the Department of Homeland Security announced that it will take necessary anti-fraud and abuse measures to protect the integrity of the H-2B visa program and also make available 35,000 supplemental H-2B temporary nonagricultural... Read More

Tags: DHS , H-2B

H-2B Final Rule
Posted on 15 Nov 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 221 / Friday, November 15, 2019 "The Department of Homeland Security (DHS) and the Department of Labor (DOL) (collectively, the Departments), are jointly issuing this final rule to amend the regulations governing... Read More

Tags: H-2B

Court Sanctions Against USCIS Could Affect All Visa Adjudications
Posted on 26 Jun 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, June 25, 2019 "U.S. Magistrate Judge Joaquin V.E. Manibusan, Jr. has recommended to the U.S. District Court of Guam that a Motion for Contempt be granted and sanctions be ordered against U.S. Citizenship and Immigration... Read More

Tags: sanctions , Guam , H-1B , USCIS , H-2B

Cap Reached for Additional H-2B Visas for FY 2019
Posted on 10 Jun 2019 by Daniel M. Kowalski

USCIS, June 7, 2019 "USCIS has received enough petitions to reach the additional maximum 30,000 visas made available for returning workers under the H-2B numerical limit (also called a cap) for fiscal year (FY) 2019. As previously announced ... Read More

Tags: USCIS , H-2B

OFLC Announces New H-2B Application Forms For Use Beginning July 3, 2019, and Schedule for Electronic Filing in the FLAG System
Posted on 7 Jun 2019 by Daniel M. Kowalski

OFLC, June 6, 2019 "The Office of Foreign Labor Certification (OFLC) has received OMB approval for revisions to the H-2B Application for Temporary Employment Certification (Form ETA-9142B) and corresponding appendices, and related forms and instructions... Read More

Tags: 9142 , oflc , flag , H-2B

DHS, DOL Post H-2B Rule (May 8, 2019)
Posted on 6 May 2019 by Daniel M. Kowalski

Here is an Advance Copy of the rule to be published on Wednesday, May 8, 2019. Read More

DOL H-2B Processing Changes Open for Comment (Mar. 4, 2019)
Posted on 2 Mar 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 Selection Procedures for Reviewing Applications Filed by Employers Seeking Temporary Employment of H–2B Foreign Workers in the United States " The Department of Labor’s (Department’s... Read More

Tags: DOL , oflc , H-2B

DOL to Revise H-2B Procedures
Posted on 27 Feb 2019 by Daniel M. Kowalski

DOL, Feb. 26, 2019 February 26, 2019. Department Announces Updates to its Procedures for Processing H-2B Applications for Temporary Labor Certification "The Department today announced updates to its procedures for processing H-2B applications... Read More

Small Businesses Ask DHS to Release More H-2B Visas
Posted on 22 Feb 2019 by Daniel M. Kowalski

In a 40-page letter dated Feb. 22, 2019 and endorsed by hundreds of employers and organizations, the H-2B Workforce Coalition urged DHS Sec. Nielsen and DOL Sec. Acosta to immediately release the full number of additional H-2B visas authorized by the... Read More

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