Immigration Law

Recent Posts

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

Advance Copy of DOL Notice of Intent to Issue Declaratory Order re H-2B, Island Holdings; Request for Comment
Posted on 16 Dec 2014 by Daniel M. Kowalski

"The Secretary of Labor (Secretary) is considering issuing on his own motion a declaratory order confirming that he has exclusive authority to make legal and policy determinations based on his statutory and regulatory authority to administer and... Read More

BALCA, En Banc (5-0,) Vacates H-2B Supplemental PWDs: Matter of Island Holdings
Posted on 4 Dec 2013 by Daniel M. Kowalski

"The Department’s H-2B regulations do not require an employer to increase the wage it offers and pays its H-2B workers after the Department has approved and certified its Application for Temporary Employment Certification. It was an abuse of... Read More

DOL Notice of Intent to Issue Declaratory Order re H-2B, Island Holdings
Posted on 17 Dec 2014 by Daniel M. Kowalski

"The Secretary of Labor (Secretary) is considering issuing on his own motion a declaratory order confirming that he has exclusive authority to make legal and policy determinations based on his statutory and regulatory authority to administer and... Read More

Counsel for Island Holdings Responds to DOL Position
Posted on 25 Dec 2013 by Daniel M. Kowalski

"Neither employers nor the Department may flout a BALCA decision. We look forward to receiving your written confirmation that H-2B employers will be receiving timely notification from the NPWC that the SPWDs never became effective and were vacated... Read More

What Island Holdings Means for H-2B Employers
Posted on 16 Dec 2013 by Daniel M. Kowalski

" Island Holdings is a very significant decision. Although precise estimates are difficult to come by, it is certain that BALCA’s decision saves employers millions of dollars in unforeseeable and unplanned for expenses. Many employers simply... Read More