Immigration Law

Recent Posts

Another Power Grab by DOL: "Discretionary Review" of H-2B BALCA Cases
Posted on 31 Dec 2020 by Daniel M. Kowalski

Hedging bets, simultaneous publication of a " direct final rule " and a proposed rule on Jan. 4, 2021: "The Department of Homeland Security and the Department of Labor (DOL) are jointly issuing this direct final rule to extend DOL’s... Read More

Tags: balca , DOL , DHS , 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

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

Joint DHS/DOL H-2B Interim Final Wage Rule
Posted on 24 Apr 2013 by Daniel M. Kowalski

"The Department of Homeland Security (DHS) and the Department of Labor (DOL) (jointly referred to as the Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural... Read More

CA10 on H-2B, Improper Delegation: Daniels v. Perez
Posted on 3 Sep 2015 by Daniel M. Kowalski

"The issue we confront is whether an agency may, without Congressional authorization, delegate its decision-making responsibility to an entirely different agency. Courts are quite tolerant of the administrative practices of agencies, but passing... Read More

DHS Notice: List of Countries Eligible to Send H-2A/B Workers
Posted on 17 Jan 2014 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: list , notice , DHS , countries , H-2B , H-2A

Is DHS Sec. Kelly Drinking the Bannon/Breitbard Kool-Aid on H-2Bs?
Posted on 16 Jun 2017 by Daniel M. Kowalski

Section 543 of the FY 2017 spending bill, signed into law on May 5, 2017, authorizes DHS to add more H-2B visas to the quota. On May 12, 2017, a bipartisan, bicameral group of 87 Members of Congress urged Kelly to do so, and quickly, with this letter... Read More

Tags: kelly , DHS , H-2B

Does the New H-2B Rule Solve the Problem?
Posted on 24 Apr 2013 by Daniel M. Kowalski

Leland E. Beck writes : "The Department of Homeland Security (DHS) and the Department of Labor (DOL) moved quickly – perhaps too quickly – to resolve legal authority issues raised by recent court decisions vacating low-skilled worker... Read More

Advance Copy of List of Countries Eligible to Send H-2A/B Workers
Posted on 16 Jan 2014 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, with... Read More

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

Relief in Sight for H-2B Visas?
Posted on 14 Mar 2015 by Daniel M. Kowalski

I have read DOL email chatter about a joint DOL/DHS Interim Final Regulation (IFR) to be published by April 30th that would address the crisis flowing from the March 4, 2015 Perez v. Perez decision. Watch this space for further news. DOL and/or DHS may... Read More

Tags: DOL , DHS , joint ifr , H-2B