Immigration Law

Recent Posts

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

Spending bill contains H-2B prevailing wage relief
Posted on 23 Dec 2011 by Daniel M. Kowalski

The omnibus spending bill signed today by President Obama contains relief for H-2B employers who had been dogged by higher prevailing wages due to a Jan. 19, 2011 regulation. Page 279 : "None of the amounts made available under this Act may be used... Read More

Prevailing Wage Fight Delays H-2B Visas
Posted on 18 Jul 2013 by Daniel M. Kowalski

"From Cape Cod innkeepers to the seafood industry in Louisiana, employers who depend on seasonal foreign workers have scrambled to fill positions this year because of wrangling in Washington over how much these workers should be paid. At issue is... Read More

DOL speaks re H-2B prevailing wages; final rule; guidance
Posted on 29 Nov 2011 by Daniel M. Kowalski

Final rule ; delay of effective date. SUMMARY: The Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H–2B Program; Final Rule, 76 FR 3452, Jan. 19, 2011, (the Wage... Read More

DOL Speaks on CATA III, H-2B Prevailing Wage Determinations
Posted on 9 Dec 2014 by Daniel M. Kowalski

"Effective December 8, 2014, the Department is no longer issuing prevailing wage determinations in the H-2B program based on employer provided wage surveys. This action is in response to the Court order entered December 5, 2014 in Comite de Apoyo... Read More

H-2B Blackmail from OFLC
Posted on 6 Dec 2013 by Daniel M. Kowalski

Savvy H-2B employers may use private wage surveys in lieu of the (often significantly higher) OES prevailing wages. But OFLC is whining about its workload, so on 4 Dec 2013 it posted this 'offer' to H-2B employers : "The Office of Foreign... 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

H-2B News from DOL, Dec. 23, 2014
Posted on 26 Dec 2014 by Daniel M. Kowalski

"In response to inquiries from our stakeholders, the Department is elaborating on the procedures that will be utilized in implementing the decision in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis , No. 14-3557 (3rd Cir.), as stated... Read More

DOL Final Rule and Guidance: H-2B Prevailing Wage Methodology Effective Date
Posted on 30 Dec 2011 by Daniel M. Kowalski

"The Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H–2B Program (the Wage Rule) to October 1, 2012 in response to recently enacted legislation that prohibits... Read More

DOL Notes 'Anomaly' in H-2B Prevailing Wage Data
Posted on 3 Jun 2014 by Daniel M. Kowalski

"OFLC has become aware of an anomaly in the published Prevailing Wage Disclosure datasets titled "PERM_FY 2013.xlsx" and "PERM_FY 2014_Q2." The error is with respect to the listing of wage levels (Level I-IV) under the column... 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